/2DETAILED ACTION
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 Claims
This is in response to Application filed on June 30, 2026 in which claims 1-21 are presented for examination.
Election/Restrictions
No claims have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 30, 2026.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 10, 16 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, 15 and dependent claims of U.S. Patent No. 9,392,835. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10 16 and dependent claims are anticipated by the conflicting patented claims 1, 9, 15 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 9,392,835
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
1. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including: a foot region forming a majority of the upper,
the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of the foot region disposed on the medial side and lateral side in the heel region;
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone being disposed at a location that is configured to correspond to at least one of a medial malleolus bone and a lateral malleolus bone of a foot of a wearer, and
the at least one malleolus zone including a plurality of indentations in a first knit layer comprising an exterior surface of the ankle cuff; and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure,
the first knit structure being different than the second knit structure; and
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture and
the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear.
7. wherein the lace passes through at least one aperture of the pair of apertures on the medial side, extends under the knitted component, and exits the knitted component through the other aperture of the pair of apertures on the medial side.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
1. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including: a foot region forming a majority of the upper,
the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of the foot region disposed on the medial side and lateral side in the heel region;
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone being disposed at a location that is configured to correspond to at least one of a medial malleolus bone and a lateral malleolus bone of a foot of a wearer, and
the at least one malleolus zone including a plurality of indentations in a first knit layer comprising an exterior surface of the ankle cuff; and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure,
the first knit structure being different than the second knit structure; and
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture and
the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear.
7. wherein the lace passes through at least one aperture of the pair of apertures on the medial side, extends under the knitted component, and exits the knitted component through the other aperture of the pair of apertures on the medial side.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
1. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including: a foot region forming a majority of the upper,
the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of the foot region disposed on the medial side and lateral side in the heel region;
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone being disposed at a location that is configured to correspond to at least one of a medial malleolus bone and a lateral malleolus bone of a foot of a wearer, and
the at least one malleolus zone including a plurality of indentations in a first knit layer comprising an exterior surface of the ankle cuff; and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure,
the first knit structure being different than the second knit structure; and
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture and
the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear.
7. wherein the lace passes through at least one aperture of the pair of apertures on the medial side, extends under the knitted component, and exits the knitted component through the other aperture of the pair of apertures on the medial side.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
9. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including: a foot region forming a majority of the upper,
the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region,
the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
the instep area further including a stretch padding zone surrounded by and formed of unitary knit construction with the instep area,
the stretch padding zone being disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear;
the stretch adding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition;
wherein the stretch padding zone is formed by a first knit structure and a remaining portion of the instep area being formed by a second knit structure, the first knit structure being different than the second knit structure; and
wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of indentations in an exterior surface of the ankle cuff and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure, the first knit structure being different than the second knit structure;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture and
the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear.
14. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
9. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including: a foot region forming a majority of the upper,
the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region,
the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
the instep area further including a stretch padding zone surrounded by and formed of unitary knit construction with the instep area,
the stretch padding zone being disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear;
the stretch adding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition;
wherein the stretch padding zone is formed by a first knit structure and a remaining portion of the instep area being formed by a second knit structure, the first knit structure being different than the second knit structure; and
wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of indentations in an exterior surface of the ankle cuff and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure, the first knit structure being different than the second knit structure;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture and
the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear.
14. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
9. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including: a foot region forming a majority of the upper,
the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region,
the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
the instep area further including a stretch padding zone surrounded by and formed of unitary knit construction with the instep area,
the stretch padding zone being disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear;
the stretch adding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition;
wherein the stretch padding zone is formed by a first knit structure and a remaining portion of the instep area being formed by a second knit structure, the first knit structure being different than the second knit structure; and
wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of indentations in an exterior surface of the ankle cuff and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure, the first knit structure being different than the second knit structure;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture and
the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear.
14. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
15. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including:
a foot region forming a majority of the upper, the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein: the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture;
wherein the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear; and
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of indentations in an exterior surface of the ankle cuff and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure, the first knit structure being different than the second knit structure.
18. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
15. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including:
a foot region forming a majority of the upper, the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein: the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture;
wherein the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear; and
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of indentations in an exterior surface of the ankle cuff and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure, the first knit structure being different than the second knit structure.
18. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
15. An article of footwear having
an upper and
a sole structure secured to the upper,
the upper including a knitted component,
the knitted component including:
a foot region forming a majority of the upper, the foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper;
a plurality of lace apertures configured to receive a lace,
the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area;
wherein at least two of the plurality of lace apertures on the medial side are disposed in a pair that are offset from each other in the longitudinal direction and wherein at least two of the plurality of lace apertures on the lateral side are disposed in a pair that are offset from each other in the longitudinal direction;
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff, and
wherein: the tied-lace receiving aperture defines an opening, the opening being larger than openings in a knit structure surrounding the tied-lace receiving aperture;
wherein the tied-lace receiving aperture is configured to receive loose ends of a tied lace within an interior of the upper and wherein the tied-lace receiving aperture is located above a top-most set of lace apertures and off-center towards a lateral side of the footwear; and
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of indentations in an exterior surface of the ankle cuff and
wherein the at least one malleolus zone includes a first knit structure and a remaining portion of the ankle cuff includes a second knit structure, the first knit structure being different than the second knit structure.
18. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
Claims 1, 10, 16 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 11 and dependent claims of U.S. Patent No. 10,918,155. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10 16 and dependent claims are anticipated by the conflicting patented claims 1, 7, 11 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 10,918,155
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
1. An article of footwear having
an upper including a knitted component,
the knitted component including:
a foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of the foot region disposed on the medial side and lateral side in the heel region;
wherein the ankle cuff comprises a first knit layer and a second knit layer, wherein the first knit layer forms an exterior surface of the ankle cuff;
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of voids formed in the first knit layer of the ankle cuff,
wherein the plurality of voids expose the second knit layer; wherein each of the plurality of voids comprise a geometric shape and wherein the plurality of voids are arranged in a cluster formation surrounding a center point of the at least one malleolus zone, and
wherein the at least one malleolus zone comprises a first stretch resistance and wherein a remainder of the ankle cuff outside of the at least one malleolus zone comprises a second stretch resistance and wherein the second stretch resistance is greater than the first stretch resistance.
6. wherein the instep area further comprises a stretch padding zone disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear; the stretch padding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition; and wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
1. An article of footwear having
an upper including a knitted component,
the knitted component including:
a foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of the foot region disposed on the medial side and lateral side in the heel region;
wherein the ankle cuff comprises a first knit layer and a second knit layer, wherein the first knit layer forms an exterior surface of the ankle cuff;
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of voids formed in the first knit layer of the ankle cuff,
wherein the plurality of voids expose the second knit layer; wherein each of the plurality of voids comprise a geometric shape and wherein the plurality of voids are arranged in a cluster formation surrounding a center point of the at least one malleolus zone, and
wherein the at least one malleolus zone comprises a first stretch resistance and wherein a remainder of the ankle cuff outside of the at least one malleolus zone comprises a second stretch resistance and wherein the second stretch resistance is greater than the first stretch resistance.
6. wherein the instep area further comprises a stretch padding zone disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear; the stretch padding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition; and wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
1. An article of footwear having
an upper including a knitted component,
the knitted component including:
a foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot;
wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of the foot region disposed on the medial side and lateral side in the heel region;
wherein the ankle cuff comprises a first knit layer and a second knit layer, wherein the first knit layer forms an exterior surface of the ankle cuff;
wherein the ankle cuff further comprises at least one malleolus zone disposed on at least one of the medial side and the lateral side of the upper,
the at least one malleolus zone including a plurality of voids formed in the first knit layer of the ankle cuff,
wherein the plurality of voids expose the second knit layer; wherein each of the plurality of voids comprise a geometric shape and wherein the plurality of voids are arranged in a cluster formation surrounding a center point of the at least one malleolus zone, and
wherein the at least one malleolus zone comprises a first stretch resistance and wherein a remainder of the ankle cuff outside of the at least one malleolus zone comprises a second stretch resistance and wherein the second stretch resistance is greater than the first stretch resistance.
6. wherein the instep area further comprises a stretch padding zone disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear; the stretch padding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition; and wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
7. An article of footwear having
an upper including a knitted component,
the knitted component including:
a foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot,
wherein the ankle cuff comprises a first knit layer and a second knit layer interlocked with each other in at least one portion of the ankle cuff,
wherein the first knit layer forms an exterior surface of the ankle cuff;
wherein the ankle cuff further includes a first plurality of voids disposed on the lateral side to form a first malleolus zone and a second plurality of voids disposed on the medial side to form a second malleolus zone,
the first plurality of voids and the second plurality of voids being formed in the first knit layer, wherein the first plurality of voids and the second plurality of voids expose the second knit layer,
wherein the first plurality of voids and the second plurality of voids each comprise two or more voids that comprise a geometric shape,
wherein the first plurality of voids are arranged around a first center point on the lateral side of the ankle cuff and
wherein the second plurality of voids are arranged around a second center point on the medial side of the ankle cuff, and
wherein the first and second center points are located approximately equidistant from a third center point located at a front of the ankle cuff, and
wherein each of the first malleolus zone and the second malleolus zone comprises a first stretch resistance and wherein a remainder of the ankle cuff outside of the first malleolus zone and the second malleolus zone comprises a second stretch resistance, and
wherein the second stretch resistance is greater than the first stretch resistance.
8. wherein the knitted component further comprises a plurality of lace apertures configured to receive a lace, the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area.
9. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
7. An article of footwear having
an upper including a knitted component,
the knitted component including:
a foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot,
wherein the ankle cuff comprises a first knit layer and a second knit layer interlocked with each other in at least one portion of the ankle cuff,
wherein the first knit layer forms an exterior surface of the ankle cuff;
wherein the ankle cuff further includes a first plurality of voids disposed on the lateral side to form a first malleolus zone and a second plurality of voids disposed on the medial side to form a second malleolus zone,
the first plurality of voids and the second plurality of voids being formed in the first knit layer, wherein the first plurality of voids and the second plurality of voids expose the second knit layer,
wherein the first plurality of voids and the second plurality of voids each comprise two or more voids that comprise a geometric shape,
wherein the first plurality of voids are arranged around a first center point on the lateral side of the ankle cuff and
wherein the second plurality of voids are arranged around a second center point on the medial side of the ankle cuff, and
wherein the first and second center points are located approximately equidistant from a third center point located at a front of the ankle cuff, and
wherein each of the first malleolus zone and the second malleolus zone comprises a first stretch resistance and wherein a remainder of the ankle cuff outside of the first malleolus zone and the second malleolus zone comprises a second stretch resistance, and
wherein the second stretch resistance is greater than the first stretch resistance.
8. wherein the knitted component further comprises a plurality of lace apertures configured to receive a lace, the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area.
9. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
7. An article of footwear having
an upper including a knitted component,
the knitted component including:
a foot region extending through a forefoot region, a midfoot region, and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that defines a throat opening to a void within the upper that is configured to receive a foot,
wherein the ankle cuff comprises a first knit layer and a second knit layer interlocked with each other in at least one portion of the ankle cuff,
wherein the first knit layer forms an exterior surface of the ankle cuff;
wherein the ankle cuff further includes a first plurality of voids disposed on the lateral side to form a first malleolus zone and a second plurality of voids disposed on the medial side to form a second malleolus zone,
the first plurality of voids and the second plurality of voids being formed in the first knit layer, wherein the first plurality of voids and the second plurality of voids expose the second knit layer,
wherein the first plurality of voids and the second plurality of voids each comprise two or more voids that comprise a geometric shape,
wherein the first plurality of voids are arranged around a first center point on the lateral side of the ankle cuff and
wherein the second plurality of voids are arranged around a second center point on the medial side of the ankle cuff, and
wherein the first and second center points are located approximately equidistant from a third center point located at a front of the ankle cuff, and
wherein each of the first malleolus zone and the second malleolus zone comprises a first stretch resistance and wherein a remainder of the ankle cuff outside of the first malleolus zone and the second malleolus zone comprises a second stretch resistance, and
wherein the second stretch resistance is greater than the first stretch resistance.
8. wherein the knitted component further comprises a plurality of lace apertures configured to receive a lace, the plurality of lace apertures being disposed in a longitudinal direction along the upper on each of the medial side and the lateral side of the instep area.
9. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
11. An article of footwear having
an upper including a knitted component,
the knitted component including: a foot region extending through a forefoot region, a midfoot region; and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that is a continuous tubular structure and defines a throat opening to a void within the upper that is configured to receive a foot,
wherein the ankle cuff comprises a first knit layer forming an exterior surface of the upper and a second knit layer,
wherein the first knit layer and the second knit layer are interlocked with each other in at least one portion of the ankle cuff,
wherein the ankle cuff further includes a first plurality of voids disposed on the lateral side to form a first malleolus zone and a second plurality of voids disposed on the medial side to form a second malleolus zone,
the first plurality of voids and the second plurality of voids being formed in the first knit layer,
wherein the first plurality of voids and the second plurality of voids expose the second knit layer,
wherein at least one of the first plurality of voids and the second plurality of voids comprises two or more voids that each form a geometric shape,
wherein the two or more voids are arranged around a center point of at least one of the first malleolus zone and the second malleolus zone, and
wherein each of the first malleolus zone and the second malleolus zone comprises a first stretch resistance and
wherein a remainder of the ankle cuff outside of the first malleolus zone and the second malleolus zone comprises a second stretch resistance, and wherein the second stretch resistance is greater than the first stretch resistance;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff at a location off-set from a center point at a front of the ankle region, the tied-lace receiving aperture being configured to receive loose ends of a tied lace within an interior of the upper.
14. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
15. wherein the instep area further comprises a stretch padding zone disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear; the stretch padding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition; and wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
11. An article of footwear having
an upper including a knitted component,
the knitted component including: a foot region extending through a forefoot region, a midfoot region; and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that is a continuous tubular structure and defines a throat opening to a void within the upper that is configured to receive a foot,
wherein the ankle cuff comprises a first knit layer forming an exterior surface of the upper and a second knit layer,
wherein the first knit layer and the second knit layer are interlocked with each other in at least one portion of the ankle cuff,
wherein the ankle cuff further includes a first plurality of voids disposed on the lateral side to form a first malleolus zone and a second plurality of voids disposed on the medial side to form a second malleolus zone,
the first plurality of voids and the second plurality of voids being formed in the first knit layer,
wherein the first plurality of voids and the second plurality of voids expose the second knit layer,
wherein at least one of the first plurality of voids and the second plurality of voids comprises two or more voids that each form a geometric shape,
wherein the two or more voids are arranged around a center point of at least one of the first malleolus zone and the second malleolus zone, and
wherein each of the first malleolus zone and the second malleolus zone comprises a first stretch resistance and
wherein a remainder of the ankle cuff outside of the first malleolus zone and the second malleolus zone comprises a second stretch resistance, and wherein the second stretch resistance is greater than the first stretch resistance;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff at a location off-set from a center point at a front of the ankle region, the tied-lace receiving aperture being configured to receive loose ends of a tied lace within an interior of the upper.
14. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
15. wherein the instep area further comprises a stretch padding zone disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear; the stretch padding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition; and wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
11. An article of footwear having
an upper including a knitted component,
the knitted component including: a foot region extending through a forefoot region, a midfoot region; and a heel region of the article of footwear,
the foot region including an instep area that extends between a medial side and a lateral side of the upper; and
an ankle region forming a portion of the upper that extends above the foot region, the ankle region including an ankle cuff that is a continuous tubular structure and defines a throat opening to a void within the upper that is configured to receive a foot,
wherein the ankle cuff comprises a first knit layer forming an exterior surface of the upper and a second knit layer,
wherein the first knit layer and the second knit layer are interlocked with each other in at least one portion of the ankle cuff,
wherein the ankle cuff further includes a first plurality of voids disposed on the lateral side to form a first malleolus zone and a second plurality of voids disposed on the medial side to form a second malleolus zone,
the first plurality of voids and the second plurality of voids being formed in the first knit layer,
wherein the first plurality of voids and the second plurality of voids expose the second knit layer,
wherein at least one of the first plurality of voids and the second plurality of voids comprises two or more voids that each form a geometric shape,
wherein the two or more voids are arranged around a center point of at least one of the first malleolus zone and the second malleolus zone, and
wherein each of the first malleolus zone and the second malleolus zone comprises a first stretch resistance and
wherein a remainder of the ankle cuff outside of the first malleolus zone and the second malleolus zone comprises a second stretch resistance, and wherein the second stretch resistance is greater than the first stretch resistance;
wherein the knitted component further comprises a tied-lace receiving aperture formed into at least one of the instep area and the ankle cuff at a location off-set from a center point at a front of the ankle region, the tied-lace receiving aperture being configured to receive loose ends of a tied lace within an interior of the upper.
14. wherein the ankle cuff is formed of unitary knit construction with at least the instep area of the foot region and a portion of foot region disposed on the medial side and lateral side in the heel region.
15. wherein the instep area further comprises a stretch padding zone disposed between the medial side and the lateral side of the upper along a top portion of the article of footwear; the stretch padding zone being configured to stretch in a lateral direction across the article of footwear between an unstretched condition and a stretched condition; and wherein the stretch padding zone has a first thickness in the unstretched condition and a second thickness in the stretched condition, the first thickness being larger than the second thickness.
Claims 1, 10, 16 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15 and dependent claims of U.S. Patent No. 11,707,105. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10 16 and dependent claims are anticipated by the conflicting patented claims 1, 15 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,707,105
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
1. A soccer shoe having a plurality of ground-engaging cleat members, the soccer shoe comprising:
an upper comprising a knitted component,
the knitted component extending through a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, an instep area extending between the lateral side and the medial side, and an underfoot region,
wherein the instep area is joined through knitting to each of the lateral side and the medial side of the upper;
a plurality of outer lace apertures disposed at a first location along the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location along the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends under the knitted component along an interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the knitted component through the outer lace aperture on the medial side of the upper,
the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends under the knitted component along the interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and a sole structure secured to the knitted component,
the sole structure comprising the plurality of ground-engaging cleat members, the plurality of ground-engaging cleat members including at least a first plurality of ground-engaging cleat members in the forefoot region of the soccer shoe and a second plurality of ground-engaging cleat members in the heel region of the soccer shoe.
2. wherein the knitted component comprises an ankle cuff configured to cover an ankle of a wearer when the soccer shoe is in an as-worn configuration.
4. wherein the knitted component comprises a knitted one-piece element.
7. wherein the instep area extends continuously between the inner lace aperture of the plurality of inner lace apertures on the medial side of the upper and the inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper.
2. wherein the upper comprises a polymer layer in medial side, the lateral side, and the forefoot region.
10. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
1. A soccer shoe having a plurality of ground-engaging cleat members, the soccer shoe comprising:
an upper comprising a knitted component,
the knitted component extending through a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, an instep area extending between the lateral side and the medial side, and an underfoot region,
wherein the instep area is joined through knitting to each of the lateral side and the medial side of the upper;
a plurality of outer lace apertures disposed at a first location along the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location along the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends under the knitted component along an interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the knitted component through the outer lace aperture on the medial side of the upper,
the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends under the knitted component along the interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and a sole structure secured to the knitted component,
the sole structure comprising the plurality of ground-engaging cleat members, the plurality of ground-engaging cleat members including at least a first plurality of ground-engaging cleat members in the forefoot region of the soccer shoe and a second plurality of ground-engaging cleat members in the heel region of the soccer shoe.
2. wherein the knitted component comprises an ankle cuff configured to cover an ankle of a wearer when the soccer shoe is in an as-worn configuration.
4. wherein the knitted component comprises a knitted one-piece element.
7. wherein the instep area extends continuously between the inner lace aperture of the plurality of inner lace apertures on the medial side of the upper and the inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper.
11. wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region.
10. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
1. A soccer shoe having a plurality of ground-engaging cleat members, the soccer shoe comprising:
an upper comprising a knitted component,
the knitted component extending through a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, an instep area extending between the lateral side and the medial side, and an underfoot region,
wherein the instep area is joined through knitting to each of the lateral side and the medial side of the upper;
a plurality of outer lace apertures disposed at a first location along the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location along the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends under the knitted component along an interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the knitted component through the outer lace aperture on the medial side of the upper,
the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends under the knitted component along the interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and a sole structure secured to the knitted component,
the sole structure comprising the plurality of ground-engaging cleat members, the plurality of ground-engaging cleat members including at least a first plurality of ground-engaging cleat members in the forefoot region of the soccer shoe and a second plurality of ground-engaging cleat members in the heel region of the soccer shoe.
2. wherein the knitted component comprises an ankle cuff configured to cover an ankle of a wearer when the soccer shoe is in an as-worn configuration.
4. wherein the knitted component comprises a knitted one-piece element.
7. wherein the instep area extends continuously between the inner lace aperture of the plurality of inner lace apertures on the medial side of the upper and the inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper.
21. wherein the upper comprises a polymer layer in the first side, the second side, and the forefoot region.
10. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
15. A soccer shoe having a plurality of ground-engaging cleat members, the soccer shoe comprising:
an upper comprising a knitted component,
the knitted component extending through a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side of the upper;
a plurality of outer lace apertures disposed at a first location along the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location along the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends under the knitted component along an interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the knitted component through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends under the knitted component along the interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper, the sole structure comprising the plurality of ground-engaging cleat members.
17. wherein the knitted component comprises an ankle cuff configured to cover an ankle of a wearer when the soccer shoe is in an as-worn configuration, and wherein the instep area is joined through knitting to the ankle cuff.
19. wherein the knitted component comprises a knitted one-piece element.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
15. A soccer shoe having a plurality of ground-engaging cleat members, the soccer shoe comprising:
an upper comprising a knitted component,
the knitted component extending through a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side of the upper;
a plurality of outer lace apertures disposed at a first location along the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location along the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends under the knitted component along an interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the knitted component through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends under the knitted component along the interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper, the sole structure comprising the plurality of ground-engaging cleat members.
17. wherein the knitted component comprises an ankle cuff configured to cover an ankle of a wearer when the soccer shoe is in an as-worn configuration, and wherein the instep area is joined through knitting to the ankle cuff.
19. wherein the knitted component comprises a knitted one-piece element.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
15. A soccer shoe having a plurality of ground-engaging cleat members, the soccer shoe comprising:
an upper comprising a knitted component,
the knitted component extending through a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side of the upper;
a plurality of outer lace apertures disposed at a first location along the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location along the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends under the knitted component along an interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the knitted component through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends under the knitted component along the interior surface of the upper, and then exits the knitted component through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper, the sole structure comprising the plurality of ground-engaging cleat members.
17. wherein the knitted component comprises an ankle cuff configured to cover an ankle of a wearer when the soccer shoe is in an as-worn configuration, and wherein the instep area is joined through knitting to the ankle cuff.
19. wherein the knitted component comprises a knitted one-piece element.
Claims 1, 10, 16 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16 and dependent claims of U.S. Patent No. 12,622,481. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10 16 and dependent claims are anticipated by the conflicting patented claims 1, 16 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 12,622,481
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
1. A method of manufacturing a cleated shoe,
the method comprising:
knitting an upper comprising at least part of a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side;
knitting, in the instep area, a stretch zone, the stretch zone comprising a unitary knit construction with the lateral side, \
the medial side, and the instep area; knitting an ankle cuff,
the ankle cuff comprising a unitary knit construction with at least the instep area of the upper,
wherein the ankle cuff comprises a malleolus zone located on the ankle cuff, the malleolus zone comprising a plurality of voids in at least an exterior layer of the ankle cuff,
wherein the plurality of voids expose an interior layer of the ankle cuff; and
securing a sole structure comprising a plurality of cleat members to the upper to form the cleated shoe.
3. further comprising forming a plurality of lace apertures that extend through the upper, the plurality of lace apertures disposed along the instep area on each of the lateral side and the medial side of the upper.
4. wherein the plurality of lace apertures comprise a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side and a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side, wherein the second location is located more inward toward a middle of the upper than the first location.
5. further comprising: integrating a lace such that the lace extends into an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along the interior layer of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, and then extends across the instep area along the exterior layer of the upper, and then extends into an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior layer of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
10. wherein the ankle cuff is configured to cover an ankle of a wearer when the cleated shoe is in an as-worn configuration.
6. wherein the knitted component integrally extends from the ankle cuff to the instep area, and wherein the instep area and the ankle cuff share at least one course in common.
13. wherein the ankle cuff is joined through knitting to the instep area such that the instep area and the ankle cuff include at least one course in common.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
1. A method of manufacturing a cleated shoe,
the method comprising:
knitting an upper comprising at least part of a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side;
knitting, in the instep area, a stretch zone, the stretch zone comprising a unitary knit construction with the lateral side, \
the medial side, and the instep area; knitting an ankle cuff,
the ankle cuff comprising a unitary knit construction with at least the instep area of the upper,
wherein the ankle cuff comprises a malleolus zone located on the ankle cuff, the malleolus zone comprising a plurality of voids in at least an exterior layer of the ankle cuff,
wherein the plurality of voids expose an interior layer of the ankle cuff; and
securing a sole structure comprising a plurality of cleat members to the upper to form the cleated shoe.
3. further comprising forming a plurality of lace apertures that extend through the upper, the plurality of lace apertures disposed along the instep area on each of the lateral side and the medial side of the upper.
4. wherein the plurality of lace apertures comprise a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side and a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side, wherein the second location is located more inward toward a middle of the upper than the first location.
5. further comprising: integrating a lace such that the lace extends into an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along the interior layer of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, and then extends across the instep area along the exterior layer of the upper, and then extends into an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior layer of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
10. wherein the ankle cuff is configured to cover an ankle of a wearer when the cleated shoe is in an as-worn configuration.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
1. A method of manufacturing a cleated shoe,
the method comprising:
knitting an upper comprising at least part of a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side;
knitting, in the instep area, a stretch zone, the stretch zone comprising a unitary knit construction with the lateral side, \
the medial side, and the instep area; knitting an ankle cuff,
the ankle cuff comprising a unitary knit construction with at least the instep area of the upper,
wherein the ankle cuff comprises a malleolus zone located on the ankle cuff, the malleolus zone comprising a plurality of voids in at least an exterior layer of the ankle cuff,
wherein the plurality of voids expose an interior layer of the ankle cuff; and
securing a sole structure comprising a plurality of cleat members to the upper to form the cleated shoe.
3. further comprising forming a plurality of lace apertures that extend through the upper, the plurality of lace apertures disposed along the instep area on each of the lateral side and the medial side of the upper.
4. wherein the plurality of lace apertures comprise a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side and a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side, wherein the second location is located more inward toward a middle of the upper than the first location.
5. further comprising: integrating a lace such that the lace extends into an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along the interior layer of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, and then extends across the instep area along the exterior layer of the upper, and then extends into an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior layer of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
9. wherein at least a portion of the malleolus zone corresponds with at least one of the lateral and medial malleolus bones of a wearer.
10. wherein the ankle cuff is configured to cover an ankle of a wearer when the cleated shoe is in an as-worn configuration.
13. wherein the ankle cuff is joined through knitting to the instep area such that the instep area and the ankle cuff include at least one course in common.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
16. A method of manufacturing a cleated shoe, the method comprising:
knitting an upper comprising at least part of a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side;
knitting an ankle cuff, the ankle cuff comprising a unitary knit construction with at least the instep area of the upper,
wherein the ankle cuff comprises a malleolus zone disposed on the ankle cuff, the malleolus zone comprising a plurality of voids extending through both an exterior surface of the ankle cuff and an interior surface of the ankle cuff; and
securing a sole structure comprising a plurality of cleat members to the upper to form the cleated shoe.
17. further comprising forming a plurality of lace apertures that extend through the upper, the plurality of lace apertures disposed along the instep area on each of the lateral side and the medial side.
21. wherein the plurality of lace apertures comprise a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side and a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side, wherein the second location is located more inward toward a middle of the upper than the first location.
22. further comprising integrating a lace such that the lace extends into an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, and then extends across the instep area along the exterior surface of the upper, and then extends into an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
16. A method of manufacturing a cleated shoe, the method comprising:
knitting an upper comprising at least part of a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side;
knitting an ankle cuff, the ankle cuff comprising a unitary knit construction with at least the instep area of the upper,
wherein the ankle cuff comprises a malleolus zone disposed on the ankle cuff, the malleolus zone comprising a plurality of voids extending through both an exterior surface of the ankle cuff and an interior surface of the ankle cuff; and
securing a sole structure comprising a plurality of cleat members to the upper to form the cleated shoe.
17. further comprising forming a plurality of lace apertures that extend through the upper, the plurality of lace apertures disposed along the instep area on each of the lateral side and the medial side.
21. wherein the plurality of lace apertures comprise a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side and a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side, wherein the second location is located more inward toward a middle of the upper than the first location.
22. further comprising integrating a lace such that the lace extends into an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, and then extends across the instep area along the exterior surface of the upper, and then extends into an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
16. A method of manufacturing a cleated shoe, the method comprising:
knitting an upper comprising at least part of a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
wherein the instep area is joined through knitting to each of the lateral side and the medial side;
knitting an ankle cuff, the ankle cuff comprising a unitary knit construction with at least the instep area of the upper,
wherein the ankle cuff comprises a malleolus zone disposed on the ankle cuff, the malleolus zone comprising a plurality of voids extending through both an exterior surface of the ankle cuff and an interior surface of the ankle cuff; and
securing a sole structure comprising a plurality of cleat members to the upper to form the cleated shoe.
17. further comprising forming a plurality of lace apertures that extend through the upper, the plurality of lace apertures disposed along the instep area on each of the lateral side and the medial side.
21. wherein the plurality of lace apertures comprise a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side and a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side, wherein the second location is located more inward toward a middle of the upper than the first location.
22. further comprising integrating a lace such that the lace extends into an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, and then extends across the instep area along the exterior surface of the upper, and then extends into an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
24. wherein at least a portion of the malleolus zone corresponds with at least one of a lateral malleolus bone or a medial malleolus bone of a wearer.
Claims 1, 10, 16 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and dependent claims of U.S. Patent No. 12,383,018. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10 16 and dependent claims are anticipated by the conflicting patented claims 1, 10 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 12,383,018
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
1. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component,
wherein the knitted component forms substantially all of the upper;
a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper.
2. wherein the knitted component forms an ankle cuff.
7. wherein the knitted component forms an ankle cuff.
9. wherein the knitted component comprises a first knit layer forming at least part of the exterior surface of the knitted component and a second knit layer forming at least part of the interior surface of the knitted component.
4. wherein the knitted component comprises a first knit layer forming at least part of the exterior surface of the knitted component and a second knit layer forming at least part of the interior surface of the knitted component.
2. wherein the upper comprises a polymer layer in medial side, the lateral side, and the forefoot region.
9. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
1. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component,
wherein the knitted component forms substantially all of the upper;
a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper.
2. wherein the knitted component forms an ankle cuff.
7. wherein the knitted component forms an ankle cuff.
11. wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region.
9. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
1. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component,
wherein the knitted component forms substantially all of the upper;
a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper.
2. wherein the knitted component forms an ankle cuff.
7. wherein the knitted component forms an ankle cuff.
8. wherein the instep area extends between an ankle opening and the forefoot region, and wherein the instep area is joined through knitting to the ankle cuff.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
7. wherein the knitted component comprises a knitted one-piece element.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
10. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component in at least the instep area,
wherein the knitted component extends through an underfoot region of the upper;
a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper.
14. wherein the knitted component comprises a knitted one-piece element.
24. wherein the knitted component has a unitary knit construction.
25. wherein the plurality of inner lace apertures on the lateral side are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
33. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
10. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component in at least the instep area,
wherein the knitted component extends through an underfoot region of the upper;
a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper.
14. wherein the knitted component comprises a knitted one-piece element.
24. wherein the knitted component has a unitary knit construction.
25. wherein the plurality of inner lace apertures on the lateral side are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
11. wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region.
33. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
15. wherein the ankle cuff has higher stretch relative to the first side, the second side, and a forefoot region, and wherein the ankle cuff is adapted to remain in an at least partially stretched state in an as-worn configuration.
30. wherein the knitted component comprises an ankle cuff joined through knitting to the instep area of the upper, the ankle cuff exhibiting greater stretch compared to remaining areas of the knitted component.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
10. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and
an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component in at least the instep area,
wherein the knitted component extends through an underfoot region of the upper;
a plurality of outer lace apertures disposed at a first location of the instep area on each of the lateral side and the medial side of the upper;
a plurality of inner lace apertures disposed at a second location of the instep area on each of the lateral side and the medial side of the upper,
wherein the second location is located more inward toward a middle of the upper than the first location;
a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper; and
a sole structure secured to the upper.
14. wherein the knitted component comprises a knitted one-piece element.
24. wherein the knitted component has a unitary knit construction.
25. wherein the plurality of inner lace apertures on the lateral side are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
20. wherein the ankle cuff has higher stretch than the first side, the second side, and a forefoot region of the article of footwear.
30. wherein the knitted component comprises an ankle cuff joined through knitting to the instep area of the upper, the ankle cuff exhibiting greater stretch compared to remaining areas of the knitted component.
21. wherein the upper comprises a polymer layer in the first side, the second side, and the forefoot region.
33. wherein the knitted component includes a polymer layer at one or more areas of the knitted component.
Claims 1, 10, 16 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 30, 40 and dependent claims of U.S. Patent No. 12,582,191. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10 16 and dependent claims are anticipated by the conflicting patented claims 1, 30, 40 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 12,582,191
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
1. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component incorporated into at least the instep area;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the knitted component;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the knitted component;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component integrally extends across the instep area from the plurality of lateral-side lace apertures to the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component comprises a knitted one-piece element.
6. wherein the knitted component forms an ankle cuff.
22. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
2. wherein the upper comprises a polymer layer in medial side, the lateral side, and the forefoot region.
11. wherein the knitted component includes a polymer layer bonded to the exterior surface of the upper.
9. wherein the knitted component comprises a first knit layer forming at least part of the exterior surface of the knitted component and a second knit layer forming at least part of the interior surface of the knitted component.
16. wherein the knitted component comprises a first knit layer forming at least part of the exterior surface of the knitted component and a second knit layer forming at least part of the interior surface of the knitted component.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
13. wherein the knitted component comprises a knitted one-piece element.
1. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component incorporated into at least the instep area;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the knitted component;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the knitted component;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component integrally extends across the instep area from the plurality of lateral-side lace apertures to the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component comprises a knitted one-piece element.
6. wherein the knitted component forms an ankle cuff.
22. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
11. wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region.
11. wherein the knitted component includes a polymer layer bonded to the exterior surface of the upper.
12. wherein the knitted component in the instep area has higher stretch compared to the first side, the second side, and the forefoot region.
27. wherein the knitted component comprises an ankle cuff joined through knitting to the instep area of the upper, the ankle cuff exhibiting greater stretch compared to remaining areas of the knitted component.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
1. An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the lateral side and the medial side,
the upper comprising a knitted component incorporated into at least the instep area;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the knitted component;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the knitted component;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component integrally extends across the instep area from the plurality of lateral-side lace apertures to the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component comprises a knitted one-piece element.
6. wherein the knitted component forms an ankle cuff.
22. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
20. wherein the ankle cuff has higher stretch than the first side, the second side, and a forefoot region of the article of footwear.
27. wherein the knitted component comprises an ankle cuff joined through knitting to the instep area of the upper, the ankle cuff exhibiting greater stretch compared to remaining areas of the knitted component.
21. wherein the upper comprises a polymer layer in the first side, the second side, and the forefoot region.
11. wherein the knitted component includes a polymer layer bonded to the exterior surface of the upper.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
5. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
30. An article of footwear,
comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace continuously extends across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
39. wherein the plurality of first-side lace apertures comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures and the plurality of outer lace apertures form laterally-offset pairs, each laterally-offset pair comprising one inner lace aperture and one outer lace aperture.
2. wherein the upper comprises a polymer layer in medial side, the lateral side, and the forefoot region.
37. wherein a portion of the exterior surface comprises a polymer layer.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
30. An article of footwear,
comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace continuously extends across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
39. wherein the plurality of first-side lace apertures comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures and the plurality of outer lace apertures form laterally-offset pairs, each laterally-offset pair comprising one inner lace aperture and one outer lace aperture.
11. wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region.
37. wherein a portion of the exterior surface comprises a polymer layer.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
17. wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration.
18. wherein the knitted component integrally extends from the ankle cuff to the instep area.
19. wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
30. An article of footwear,
comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace continuously extends across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
39. wherein the plurality of first-side lace apertures comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures and the plurality of outer lace apertures form laterally-offset pairs, each laterally-offset pair comprising one inner lace aperture and one outer lace aperture.
21. wherein the upper comprises a polymer layer in the first side, the second side, and the forefoot region.
37. wherein a portion of the exterior surface comprises a polymer layer.
1. (Original) An article of footwear, comprising:
an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side,
the instep area comprising a knitted component that comprises an elastic yarn;
a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper;
a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper;
a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper,
wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures,
wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures; and
a sole structure secured to the upper.
8. wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
40. An article of footwear,
comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein a surface through which the plurality of first-side lace apertures extend is continuous laterally across the instep area with a surface through which the plurality of second-side lace apertures extend; and
a sole structure secured to the upper.
45. wherein the plurality of first-side lace apertures comprise a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures and the plurality of outer lace apertures form laterally-offset pairs.
10. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper; and
a sole structure secured to the upper.
40. An article of footwear,
comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein a surface through which the plurality of first-side lace apertures extend is continuous laterally across the instep area with a surface through which the plurality of second-side lace apertures extend; and
a sole structure secured to the upper.
45. wherein the plurality of first-side lace apertures comprise a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures and the plurality of outer lace apertures form laterally-offset pairs.
16. (Original) An article of footwear, comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area,
wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures; and
a sole structure secured to the upper.
40. An article of footwear,
comprising:
an upper, comprising: a first side; a second side; an exterior layer; an interior layer; an instep area extending between the first side and the second side;
a knitted component incorporated into at least the instep area;
a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior layer and the interior layer of the upper;
a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along an interior surface of the upper, and then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper,
wherein a surface through which the plurality of first-side lace apertures extend is continuous laterally across the instep area with a surface through which the plurality of second-side lace apertures extend; and
a sole structure secured to the upper.
45. wherein the plurality of first-side lace apertures comprise a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures and the plurality of outer lace apertures form laterally-offset pairs.
Claims 1, 10, 16 and dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 14, 17, 23 and 24 of copending Application No. 17/733,540. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10, 16 and dependent claims are anticipated by the conflicting copending claims 1, 2, 14, 17, 23 and 24. The difference between the instant examined claim and the conflicting copending claim is that the conflicting copending claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting copending claim anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 10, 16 and dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 6, 8, 11, 13, 15, 20, 21, 28 and 29 of copending Application No. 18/628,298. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10, 16 and dependent claims are anticipated by the conflicting copending claims 1, 2, 5, 6, 8, 11, 13, 15, 20, 21, 28 and 29. The difference between the instant examined claim and the conflicting copending claim is that the conflicting copending claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting copending claim anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 10, 16 and dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 10, 11, 16, 21, 30, 21, 32, 38, 40, 41, 43, 44, and 47 of copending Application No.18/441,581. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10, 16 and dependent claims are anticipated by the conflicting copending claims 1, 2, 3, 10, 11, 16, 21, 30, 21, 32, 38, 40, 41, 43, 44, and 47. The difference between the instant examined claim and the conflicting copending claim is that the conflicting copending claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting copending claim anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 10, 16 and dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and dependent claims of copending Application No. 19/658, 942. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10, 16 and dependent claims are anticipated by the conflicting copending claims 1, 11, and dependent claims. The difference between the instant examined claim and the conflicting copending claim is that the conflicting copending claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting copending claim anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 10, 16 and dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 18/441,564. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10, 16 and dependent claims are anticipated by the conflicting copending claims 1, 6-9, 11-13, 21-22, 32, 34 and 37-38. The difference between the instant examined claim and the conflicting copending claim is that the conflicting copending claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting copending claim anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 10, 16 and dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 30, 37 and dependent claims of copending Application No. 18/628,282. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 10, 16 and dependent claims are anticipated by the conflicting copending claims 1, 30 and 37, and dependent claims. The difference between the instant examined claim and the conflicting copending claim is that the conflicting copending claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting copending claim anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 5-7, 9-10, 13-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Greene et al. (2011/0078921) in view of Daniels (2,041,672).
Regarding claim 1, Greene teaches, An article of footwear (10, [0039], figures 1-5C), comprising: an upper comprising a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the medial side and the lateral side (10 comprising: 30 comprising 11, 12, 13, 15, 14, and an instep area (located at 40) extending between 15 and 14, [0039], [0041], figures 1-5C), the instep area comprising a knitted component that comprises an elastic yarn (“Tongue element 40 is centrally-located in a throat area of upper 30 and extends from forefoot region 11 to heel region 13, as well as from lateral side 14 to medial side 15. Side areas of tongue element 40 are positioned adjacent to and in contact with the areas of layer 32 that form lace apertures 34, and a central area of tongue element 40 is in contact with lace 33 and may be exposed between areas of lace 33 that cross each other. In forefoot region 11, tongue element 40 is joined to layers 31 and 32, but a remainder of tongue element 40 is generally free or unsecured to other areas of upper 30. In heel region 13, tongue element 40 may protrude from the ankle opening formed by collar element 50.”, [0045], “The knitting process utilized to form sheath 41 of unitary knit construction generally involves mechanically-manipulating one or more yarns to form a series of stitches. A variety of different types of yarns may be incorporated into sheath 41 during the knitting process. Polyester, for example, provides relatively high durability and recyclability, and may also impart non-stretch properties depending upon the knit pattern within sheath 41. Cotton provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recoverability, with stretch polyester also providing relatively easy recyclability.”, [0049], therefore, the instep area comprising 40 that comprises elastic yarn, figures 6-8, see also, [0055] and [0056]); a plurality of lateral-side lace apertures disposed along the lateral side of the upper and extending through the upper; a plurality of medial-side lace apertures disposed along the medial side of the upper and extending through the upper; a lace that enters a first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, wherein after exiting the upper, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper (a plurality of lateral-side 34 disposed along 14 of 30 and extending through 30; a plurality of medial-side 34 disposed along 15 of 30 and extending through 30; 33 that enters a first medial-side 34 of the plurality of medial-side 34, extends along an interior surface of 30, wherein after exiting 30, 33 extends across the instep area along an exterior surface of 30 and enters through a first lateral-side 34 of the plurality of lateral-side 34, extends along the interior surface of 30, and then exits 30, [0042], [0045], figures 1-4), wherein the knitted component extends across the instep area from at least some of the plurality of lateral-side lace apertures and to at least some of the plurality of medial-side lace apertures, wherein the knitted component in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side lace apertures and the plurality of medial-side lace apertures (“Elastane and stretch polyester each provide substantial stretch and recoverability”, [0049], “The yarn and knit type may also vary to enhance aspects related to assembling footwear 10. Referring to FIG. 101, sheath 41 exhibits a ribbed configuration around the opening at second end 46. The ribbed configuration may stretch to permit the insertion of core 42, and then the ribbed configuration may contract to ensure that core 42 remains properly positioned within sheath 41. The knit type may also form various apertures in sheath 41, as depicted in FIG. 10J. In addition to imparting greater permeability, which allows air to circulate within upper 30, the apertures may increase both the flexibility and stretch of tongue 40.”, [0056], therefore, wherein 40 extends across the instep area from at least some of the plurality of lateral-side 34 and to at least some of the plurality of medial-side 34, wherein 40 in the instep area is adapted to stretch elastically in a lateral direction of the article between the plurality of lateral-side 34 and the plurality of medial-side 34, figures 6-8 and 10J); and a sole structure secured to the upper (and 21 secured to 30, [0040], figures 1-3).
Greene fails to teach, a lace then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture…and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper.
Daniels teaches, a lace then exits through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper (“It is still further an object of my invention to provide a shoe in which the lacing receiving openings or eyelets are placed in pairs on each side so that the lacing is on top of the shoe except for the relatively short portions which extend beneath the upper between the holes of each pair of holes.”, Col. 1 ln. 25-31, “the quarter portions which are laced together have scalloped edges forming tabs 22, and each tab is formed with a pair of lace-receiving openings 24. It will be understood that the openings 24 may be provided with eyelets or otherwise formed…The lacing 28 is applied as illustrated in. Fig. 1”, Col. 2 ln. 2 ln. 1-10, “the provision of twin holes or eyelets permit the novel lacing arrangement in which the margins of the quarters are held down by the lacing being above the margins at every crossing therebetween.”, Col. 2 ln. 36-39, therefore, as disclosed and shown in figures 1-5, 28 enters a first medial-side 24 of the plurality of medial-side 24, extends along an interior surface of the upper, and then exits through a second medial-side 24 of the plurality of medial-side 24, wherein after exiting the upper through the second medial-side 24, 28 extends across the instep area along an exterior surface of the upper and enters through a first lateral-side 24 of the plurality of lateral-side 24, extends along the interior surface of the upper, and then exits the upper through a second lateral-side 24 of the plurality of lateral-side 24 on the lateral side of the upper).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide lacing of Greene as exiting through a second medial-side lace aperture of the plurality of medial-side lace apertures, and exiting the upper through a second lateral-side lace aperture of the plurality of lateral-side lace apertures as taught by Daniels to in order to provide first and second medial side lace apertures and first and second lateral lace apertures “in which the margins of the quarters are held down by the lacing being above the margins at every crossing therebetween.”, Col 2 ln. 36-39.
Regarding claim 5, the combined references teach, wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration (wherein 40 forms 60 adapted to encircle an ankle of a wearer in an as-worn configuration, [0078], figures 23 and 25).
Regarding claim 6, the combined references teach, wherein the knitted component integrally extends from the ankle cuff to the instep area, and wherein the instep area and the ankle cuff share at least one course in common (wherein 40 integrally extends from the ankle cuff to the instep area, and wherein the instep area and the ankle cuff share at least one course in common, [0078], figures 23 and 25).
Regarding claim 7, the combined references teach, wherein the knitted component comprises a knitted one-piece element (wherein 40 comprises a knitted one-piece element, [0048], [0049], [0050], figures 6-8).
Regarding claim 9, the combined references teach, wherein the knitted component comprises a first knit layer forming at least part of the exterior surface of the knitted component and a second knit layer forming at least part of the interior surface of the knitted component (“heath 41 has a generally tubular structure that forms the cavity in which core 42 is located. In general, sheath 41 includes an upper region 43, a lower region 44, a first end 45, a second end 46, and a pair of flanges 47. Upper region 43 extends over one surface of core 42 and is exposed to the exterior of footwear 10 between the areas of lace 33 that cross each other. Lower region 44, which is positioned opposite upper region 43, extends over another surface of core 42 and forms a portion of the interior surface of upper 30 (i.e., the surface defining the void within upper 30).”, [0047], therefore, wherein 40 comprises 43 forming at least part of the exterior surface of 40 and 44 forming at least part of the interior surface of 40, figures 6-9B).
Regarding claim 10, Greene teaches, An article of footwear (10, [0039], figures 1-5C), comprising: an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side (10 comprising: 30 comprising 15, 14, an exterior surface; an interior surface; an instep area extending (located at 40) between 15 and 14, [0039], [0041], figures 1-5C); a knitted component incorporated into at least the instep area, wherein the knitted component in the instep area is adapted to elongate elastically in a lateral direction of the article (“Tongue element 40 is centrally-located in a throat area of upper 30 and extends from forefoot region 11 to heel region 13, as well as from lateral side 14 to medial side 15. Side areas of tongue element 40 are positioned adjacent to and in contact with the areas of layer 32 that form lace apertures 34, and a central area of tongue element 40 is in contact with lace 33 and may be exposed between areas of lace 33 that cross each other. In forefoot region 11, tongue element 40 is joined to layers 31 and 32, but a remainder of tongue element 40 is generally free or unsecured to other areas of upper 30. In heel region 13, tongue element 40 may protrude from the ankle opening formed by collar element 50.”, [0045], “The knitting process utilized to form sheath 41 of unitary knit construction generally involves mechanically-manipulating one or more yarns to form a series of stitches. A variety of different types of yarns may be incorporated into sheath 41 during the knitting process. Polyester, for example, provides relatively high durability and recyclability, and may also impart non-stretch properties depending upon the knit pattern within sheath 41. Cotton provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recoverability, with stretch polyester also providing relatively easy recyclability.”, [0049], “The yarn and knit type may also vary to enhance aspects related to assembling footwear 10. Referring to FIG. 101, sheath 41 exhibits a ribbed configuration around the opening at second end 46. The ribbed configuration may stretch to permit the insertion of core 42, and then the ribbed configuration may contract to ensure that core 42 remains properly positioned within sheath 41. The knit type may also form various apertures in sheath 41, as depicted in FIG. 10J. In addition to imparting greater permeability, which allows air to circulate within upper 30, the apertures may increase both the flexibility and stretch of tongue 40.”, [0056], therefore, 40 incorporated into at least the instep area, wherein 40 in the instep area is adapted to elongate elastically in a lateral direction of 10, figures 6-8); a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper; a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper (a plurality of first side 34 disposed along 15 of 30 and extending through each of the exterior surface and the interior surface of 30; a plurality of second-side 34 disposed along 14 of 30 and extending through each of the exterior surface and the interior surface of 30, [0042], [0045], figures 1-4); a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, the lace extends continuously across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper (33 that enters a first first-side 34 of the plurality of first-side 34, extends along the interior surface of 30, 33 extends continuously across the instep area along the exterior surface of 30 and enters through a first second-side 34 of the plurality of second-side 34, extends along the interior surface of 30); and a sole structure secured to the upper (and 21 secured to 30, [0040], figures 1-3).
Greene fails to teach, the lace then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture…and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper.
Daniels teaches, the lace then exits through a second first-side lace aperture of the plurality of first-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper (“It is still further an object of my invention to provide a shoe in which the lacing receiving openings or eyelets are placed in pairs on each side so that the lacing is on top of the shoe except for the relatively short portions which extend beneath the upper between the holes of each pair of holes.”, Col. 1 ln. 25-31, “the quarter portions which are laced together have scalloped edges forming tabs 22, and each tab is formed with a pair of lace-receiving openings 24. It will be understood that the openings 24 may be provided with eyelets or otherwise formed…The lacing 28 is applied as illustrated in. Fig. 1”, Col. 2 ln. 2 ln. 1-10, “the provision of twin holes or eyelets permit the novel lacing arrangement in which the margins of the quarters are held down by the lacing being above the margins at every crossing therebetween.”, Col. 2 ln. 36-39, therefore, as disclosed and shown in figures 1-5, 28 then exits through a second first-side 24 of the plurality of first-side 24, wherein after exiting the upper through the second medial-side 24, 38 extends across the instep area along an exterior surface of the upper and enters through a first second-side 24 of the plurality of second-side 24, extends along the interior surface of the upper, and then exits the upper through a second second-side 24 of the plurality of second-side 24 on the second side of the upper, figures 1-5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide lacing of Greene as exiting through a second first-side lace aperture of the plurality of first-side lace apertures, and exiting the upper through a second second-side lace aperture of the plurality of second-side lace apertures as taught by Daniels to in order to provide first and second medial side lace apertures and first and second lateral lace apertures “in which the margins of the quarters are held down by the lacing being above the margins at every crossing therebetween.”, Col 2 ln. 36-39.
Regarding claim 13, the combined references teach, wherein the knitted component comprises a knitted one-piece element (Greene, wherein 40 comprises a knitted one-piece element, [0048], [0049], [0050], figures 6-8).
Regarding claim 14, the combined references teach, wherein the knitted component integrally extends upward from the instep area to an ankle cuff that entirely encircles an ankle opening of the upper (Greene, wherein 40 integrally extends upward from the instep area to 50 that entirely encircles an ankle opening of 30, [0066], [0078], figures 23 and 25).
Regarding claim 15, the combined references teach, wherein the ankle cuff has higher stretch relative to the first side, the second side, and a forefoot region, and wherein the ankle cuff is adapted to remain in an at least partially stretched state in an as-worn configuration (“A portion of upper 30 is formed from various layers 31 and 32, as shown in FIGS. 5A-5C. Whereas layer 31 forms a portion of an exterior surface of upper 30, layer 32 forms a portion of an interior surface of upper 30 (i.e., the surface defining the void within upper 30). Each of layers 31 and 32 may be formed from one or more of a plurality of material elements (e.g., textiles, polymer foam, leather, synthetic leather) that are stitched or bonded together. As an example, layer 31 and may be formed from a synthetic leather material and layer 32 may be formed from a moisture-wicking textile material. As another example, each of layers 31 and 32 may be formed from different textile materials In some configurations, another a polymer foam layer may be located between layers 31 and 32 to enhance comfort. In other configurations of upper 30, one-layer, three-layer, or other multi-layer structures formed from a variety of materials may be utilized in place of layers 31 and 32.”, [0041], “The knitting process utilized to form sheath 41 of unitary knit construction generally involves mechanically-manipulating one or more yarns to form a series of stitches. A variety of different types of yarns may be incorporated into sheath 41 during the knitting process… Elastane and stretch polyester each provide substantial stretch and recoverability”, [0049], “Any of the various types of yarn discussed above for sheath 41 may also be utilized in collar element 50.”, [0069], therefore, wherein 50 (constructed of elastane and stretch polyester, see [0049] and [0069]) has higher stretch relative to 15, 14, and 11, and wherein the 50 is adapted to remain in an at least partially stretched state in an as-worn configuration in as much as applicant has claimed).
Regarding claim 16, Greene teaches, An article of footwear (10, [0039], figures 1-5C), comprising: an upper, comprising: a first side; a second side; an exterior surface; an interior surface; an instep area extending between the first side and the second side (10 comprising: 30 comprising 15, 14, an exterior surface; an interior surface; an instep area extending (located at 40) between 15 and 14, [0039], [0041], figures 1-5C); a knitted component incorporated into at least the instep area, wherein the knitted component in the instep area is more elastic than the first side of the upper and the second side of the upper (“Tongue element 40 is centrally-located in a throat area of upper 30 and extends from forefoot region 11 to heel region 13, as well as from lateral side 14 to medial side 15. Side areas of tongue element 40 are positioned adjacent to and in contact with the areas of layer 32 that form lace apertures 34, and a central area of tongue element 40 is in contact with lace 33 and may be exposed between areas of lace 33 that cross each other. In forefoot region 11, tongue element 40 is joined to layers 31 and 32, but a remainder of tongue element 40 is generally free or unsecured to other areas of upper 30. In heel region 13, tongue element 40 may protrude from the ankle opening formed by collar element 50.”, [0045], “The knitting process utilized to form sheath 41 of unitary knit construction generally involves mechanically-manipulating one or more yarns to form a series of stitches. A variety of different types of yarns may be incorporated into sheath 41 during the knitting process…Cotton provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recoverability, with stretch polyester also providing relatively easy recyclability.”, [0049], “The yarn and knit type may also vary to enhance aspects related to assembling footwear 10. Referring to FIG. 101, sheath 41 exhibits a ribbed configuration around the opening at second end 46. The ribbed configuration may stretch to permit the insertion of core 42, and then the ribbed configuration may contract to ensure that core 42 remains properly positioned within sheath 41. The knit type may also form various apertures in sheath 41, as depicted in FIG. 10J. In addition to imparting greater permeability, which allows air to circulate within upper 30, the apertures may increase both the flexibility and stretch of tongue 40.”, [0056], “A portion of upper 30 is formed from various layers 31 and 32, as shown in FIGS. 5A-5C. Whereas layer 31 forms a portion of an exterior surface of upper 30, layer 32 forms a portion of an interior surface of upper 30 (i.e., the surface defining the void within upper 30). Each of layers 31 and 32 may be formed from one or more of a plurality of material elements (e.g., textiles, polymer foam, leather, synthetic leather) that are stitched or bonded together. As an example, layer 31 and may be formed from a synthetic leather material and layer 32 may be formed from a moisture-wicking textile material. As another example, each of layers 31 and 32 may be formed from different textile materials In some configurations, another a polymer foam layer may be located between layers 31 and 32 to enhance comfort. In other configurations of upper 30, one-layer, three-layer, or other multi-layer structures formed from a variety of materials may be utilized in place of layers 31 and 32.”, [0041], therefore, 40 incorporated into at least the instep area, wherein 40 in the instep area is more elastic than 15 of 30 and 14 of 30, figures 1-8); a plurality of first-side lace apertures disposed along the first side of the upper and extending through each of the exterior surface and the interior surface of the upper; a plurality of second-side lace apertures disposed along the second side of the upper and extending through each of the exterior surface and the interior surface of the upper (a plurality of first side 34 disposed along 15 of 30 and extending through each of the exterior surface and the interior surface of 30; a plurality of second-side 34 disposed along 14 of 30 and extending through each of the exterior surface and the interior surface of 30, [0042], [0045], figures 1-4); a lace that enters a first first-side lace aperture of the plurality of first-side lace apertures, extends along the interior surface of the upper, the lace extends across the instep area along the exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper (33 that enters a first first-side 34 of the plurality of first-side 34, extends along the interior surface of 30, 33 extends continuously across the instep area along the exterior surface of 30 and enters through a first second-side 34 of the plurality of second-side 34, extends along the interior surface of 30), wherein the knitted component integrally extends across the instep area between the plurality of first-side lace apertures and the plurality of second-side lace apertures (wherein 40 integrally extends across the instep area between the plurality of first-side 34 and the plurality of second-side 34, [0042], [0045], figures 1-4); and a sole structure secured to the upper (and 21 secured to 30, [0040], figures 1-3).
Greene fails to teach, the lace then exits through a second first-side lace aperture of the plurality of first-side lace apertures on the first side of the upper, wherein after exiting the upper through the second first-side lace aperture…and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper.
Daniels teaches, the lace then exits through a second first-side lace aperture of the plurality of first-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and enters through a first second-side lace aperture of the plurality of second-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a second second-side lace aperture of the plurality of second-side lace apertures on the second side of the upper (“It is still further an object of my invention to provide a shoe in which the lacing receiving openings or eyelets are placed in pairs on each side so that the lacing is on top of the shoe except for the relatively short portions which extend beneath the upper between the holes of each pair of holes.”, Col. 1 ln. 25-31, “the quarter portions which are laced together have scalloped edges forming tabs 22, and each tab is formed with a pair of lace-receiving openings 24. It will be understood that the openings 24 may be provided with eyelets or otherwise formed…The lacing 28 is applied as illustrated in. Fig. 1”, Col. 2 ln. 2 ln. 1-10, “the provision of twin holes or eyelets permit the novel lacing arrangement in which the margins of the quarters are held down by the lacing being above the margins at every crossing therebetween.”, Col. 2 ln. 36-39, therefore, as disclosed and shown in figures 1-5, 28 then exits through a second first-side 24 of the plurality of first-side 24, wherein after exiting the upper through the second medial-side 24, 38 extends across the instep area along an exterior surface of the upper and enters through a first second-side 24 of the plurality of second-side 24, extends along the interior surface of the upper, and then exits the upper through a second second-side 24 of the plurality of second-side 24 on the second side of the upper, figures 1-5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide lacing of Greene as exiting through a second first-side lace aperture of the plurality of first-side lace apertures, and exiting the upper through a second second-side lace aperture of the plurality of second-side lace apertures as taught by Daniels to in order to provide first and second medial side lace apertures and first and second lateral lace apertures “in which the margins of the quarters are held down by the lacing being above the margins at every crossing therebetween.”, Col 2 ln. 36-39.
Regarding claim 17, the combined references teach, wherein the knitted component forms an ankle cuff adapted to encircle an ankle of a wearer in an as-worn configuration (Greene, wherein 40 forms 60 adapted to encircle an ankle of a wearer in an as-worn configuration, [0078], figures 23 and 25).
Regarding claim 18, the combined references teach, wherein the knitted component integrally extends from the ankle cuff to the instep area (wherein 40 integrally extends from the ankle cuff to the instep area, and wherein the instep area, [0078], figures 23 and 25).
Regarding claim 20, the combined references teach, wherein the ankle cuff has higher stretch than the first side, the second side, and a forefoot region (“A portion of upper 30 is formed from various layers 31 and 32, as shown in FIGS. 5A-5C. Whereas layer 31 forms a portion of an exterior surface of upper 30, layer 32 forms a portion of an interior surface of upper 30 (i.e., the surface defining the void within upper 30). Each of layers 31 and 32 may be formed from one or more of a plurality of material elements (e.g., textiles, polymer foam, leather, synthetic leather) that are stitched or bonded together. As an example, layer 31 and may be formed from a synthetic leather material and layer 32 may be formed from a moisture-wicking textile material. As another example, each of layers 31 and 32 may be formed from different textile materials In some configurations, another a polymer foam layer may be located between layers 31 and 32 to enhance comfort. In other configurations of upper 30, one-layer, three-layer, or other multi-layer structures formed from a variety of materials may be utilized in place of layers 31 and 32.”, [0041], “The knitting process utilized to form sheath 41 of unitary knit construction generally involves mechanically-manipulating one or more yarns to form a series of stitches. A variety of different types of yarns may be incorporated into sheath 41 during the knitting process… Elastane and stretch polyester each provide substantial stretch and recoverability”, [0049], “Any of the various types of yarn discussed above for sheath 41 may also be utilized in collar element 50.”, [0069], therefore, wherein 50 (constructed of elastane and stretch polyester, see [0049] and [0069]) has higher stretch than 15, 14, and 11).
Claims 2-4, 11-12 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Greene et al. (2011/0078921)[Greene] in view of Daniels (2,041,672) in view of Delgorgue et al. (2002/0078599).
Regarding claim 2, the combined references teach, the upper (30, [0039], figures 1-4), the medial side (15, [0039], figures 1-4), the lateral side (14, [0039], figures 1-4), and the forefoot region (11, [0039], figures 1-4).
The combined references fail to teach, wherein the upper comprises a polymer layer in medial side, the lateral side, and the forefoot region.
Delgorgue teaches, wherein the upper comprises a polymer layer in medial side, the lateral side, and the forefoot region (“the polymer layer 3 is peripherally applied on the shoe in the form of a strip, simultaneously straddling the upper 1 and the outer sole 2.”, [0030], “Thus, as shown more particularly in FIG. 2, the polymer strip 3 covers the junction line 4 between the upper 1 and the sole 2, and extends on both sides of this line 4 on both the upper 1 and the sole 2. As a result, the polymer strip 3 makes it possible to guarantee a perfect sealing of the upper/sole junction. It can be applied more or less high on the upper depending on the degree of imperviousness desired for the shoe.”, [0031], therefore, wherein 1 comprises 3 in layer in medial side, the lateral side, and the forefoot region, figures 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the medial side, the lateral side, and the forefoot region of the upper of Greene with a polymer layer as taught by Delgorgue to in order to provide the upper “the resistance to the penetration of water…without negatively affecting the breathability/ventilation of the shoe.”, [0012].
Regarding claim 3, the combined references teach, wherein the polymer layer imparts water-resistance to the upper (wherein 30 of Delgorgue imparts water-resistance to 30 of Greene as combined above, see Delgorgue, [0007], [0012], [0030] and [0031]).
Regarding claim 4, the combined references teach, wherein the upper comprises a boundary demarcating a portion of the knitted component in the instep area from the medial side, the lateral side, and the forefoot region (30 of Greene comprises 60 demarcating a portion of 40 in the instep area from 15, 14, and 11, [0075], [0076], [0077], figures 18-20), wherein the portion of the knitted component has increased stretch compared to portions of the medial side, the lateral side, and the forefoot region that include the polymer layer (as combined above, wherein the portion of 40 of Greene has increased stretch compared to portions of 15, 14, and 11 that include the polymer layer, see Greene [0049], [0055] and [0056] and Delgorgue [0030], [0031]).
Regarding claim 11, the combined references teach, the upper (30, [0039], figures 1-4), the first side (15, [0039], figures 1-4), the second side (14, [0039], figures 1-4), and a forefoot region (11, [0039], figures 1-4).
The combined references fail to teach, wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region.
Delgorgue teaches, wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region (“the polymer layer 3 is peripherally applied on the shoe in the form of a strip, simultaneously straddling the upper 1 and the outer sole 2.”, [0030], “Thus, as shown more particularly in FIG. 2, the polymer strip 3 covers the junction line 4 between the upper 1 and the sole 2, and extends on both sides of this line 4 on both the upper 1 and the sole 2. As a result, the polymer strip 3 makes it possible to guarantee a perfect sealing of the upper/sole junction. It can be applied more or less high on the upper depending on the degree of imperviousness desired for the shoe.”, [0031], therefore, wherein 1 comprises 3 on the first side, the second side, and a forefoot region, figures 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the first side, the second side, and the forefoot region of the upper of Greene with a polymer layer as taught by Delgorgue to in order to provide the upper “the resistance to the penetration of water…without negatively affecting the breathability/ventilation of the shoe.”, [0012].
Regarding claim 12, the combined references teach, wherein the knitted component in the instep area has higher stretch compared to the first side, the second side, and the forefoot region (as combined above, the first side 15, the second side 14, and the forefoot region 11 include the polymer layer, therefore, wherein 40 of Greene in the instep area has higher stretch compared to 15, 14, and 11, see Greene [0049], [0055] and [0056] and Delgorgue [0030], [0031]).
Regarding claim 21, the combined references teach, the upper (30, [0039], figures 1-4), the first side (15, [0039], figures 1-4), the second side (14, [0039], figures 1-4), and a forefoot region (11, [0039], figures 1-4).
The combined references fail to teach, wherein the upper comprises a polymer layer on the first side, the second side, and the forefoot region.
Delgorgue teaches, wherein the upper comprises a polymer layer on the first side, the second side, and a forefoot region (“the polymer layer 3 is peripherally applied on the shoe in the form of a strip, simultaneously straddling the upper 1 and the outer sole 2.”, [0030], “Thus, as shown more particularly in FIG. 2, the polymer strip 3 covers the junction line 4 between the upper 1 and the sole 2, and extends on both sides of this line 4 on both the upper 1 and the sole 2. As a result, the polymer strip 3 makes it possible to guarantee a perfect sealing of the upper/sole junction. It can be applied more or less high on the upper depending on the degree of imperviousness desired for the shoe.”, [0031], therefore, wherein 1 comprises 3 on the first side, the second side, and a forefoot region, figures 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the first side, the second side, and the forefoot region of the upper of Greene with a polymer layer as taught by Delgorgue to in order to provide the upper “the resistance to the penetration of water…without negatively affecting the breathability/ventilation of the shoe.”, [0012].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Greene et al. (2011/0078921)[Greene] in view of Daniels (2,041,672) in view of McDonald et al. (5,319,869)[McDonald].
Regarding claim 8, the combined references teach, the plurality of lateral-side lace apertures on the lateral side (the plurality of 34 of Greene as modified by Daniels, see above).
The combined references fail to teach, wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction.
McDonald teaches, wherein the plurality of lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction (Quarter 9 includes eyestay 13 defining the upper boundary thereof on both sides of the shoe. A plurality of conventional eyelets 15 are disposed through opposite sides of eyestay 13. The shoe may be secured in a conventional manner by lace 17 disposed through eyelets 15.”, Col. 2 ln. 55-60, therefore, wherein the plurality of lateral-side 15 on the lateral side comprises a plurality of annotated inner lace apertures and a plurality of annotated outer lace apertures, wherein the plurality of annotated inner lace apertures are offset from the plurality of annotated outer lace apertures on the lateral side along the instep area in a longitudinal direction, annotated figure 1, figures 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the plurality of lateral-side lace apertures of the combined references as having a plurality of inner lace apertures and a plurality of outer lace apertures that are offset from one another as taught by McDonald in order to provide lace apertures that tension the lace in an offset manner allowing the user to better secure the footwear to their foot.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Greene et al. (2011/0078921)[Greene] in view of Daniels (2,041,672) in view of Glidden (2,147,197).
Regarding claim 19, the combined references teach, the ankle cuff (Greene, 50)
The combined references fail to teach, wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration.
Glidden teaches, wherein the ankle cuff is adapted to cover malleolus bones of the wearer in the as-worn configuration (“the construction of an article of footwear in which an upper of extensible and elastic textile material, such, for example, as knitted material, and of such extent as to form the complete upper”, Col. 2 ln. 4-7, “Other areas, such as the ankle portion I3, are preferably made so as to Provide softness and elasticity, as by making them of ribbed construction, as shown.”, Col. 2 ln. 41-44, therefore, wherein 13 is adapted to cover malleolus bones of the wearer in the as-worn configuration, figure 1).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide ankle cuff of Greene as adapted to cover malleolus bones of the wearer as taught by Glidden in order to provide increased protection and support for the wearer’s ankle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2002/0104233 by Fallon discloses footwear with an integral tongue and lacing system, the lacing system having first and second medial/first side apertures and first lateral/second side apertures extending through the upper, the lace extending through the first medial/first side aperture, then through the second medial/first side aperture, extending across the upper and extending through the first lateral/second side apertures.
2. 4,438,574 by Johnson discloses footwear with an integral tongue and lacing system, the lacing system having first and second medial/first side apertures and first and second lateral/second side apertures extending through the upper, the first and second medial/first side apertures having inner and outer apertures that are offset from each other.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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