DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species 17 in the reply filed on 08/31/2026 is acknowledged. Claims 1-20 read on the elected embodiment.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-9, and 11-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al. (US 2021/0085024).
Regarding Claim 1, Chen et al. teaches a sole structure (200) for an article of footwear (10) having an upper (100) (Fig. 1 shows the sole structure (200) being used in an article of footwear (10) with an upper (100)), the sole structure defining a lateral side (18), a medial side (16), a forefoot region (20), a midfoot region (22), a heel region (24), a toe end (12), a heel end (14), and a longitudinal axis (A10) extending between the toe end and the heel end (figs. 2A and 3A show the sole structure having each of the sides, regions, and ends as claimed), comprising: an outsole (204) having an upper outsole (210) and a lower outsole (212, 214) that is directly coupled with the upper outsole (figs. 2A and 4 show the upper (210) and lower (2112, 214) outsoles being directly coupled with each other), the upper outsole defining a front portion within the forefoot region, a middle portion within the midfoot region, and a rear portion within the heel region (figs. 2A and 3A show the upper outsole (210) extending through and defining front, middle, and rear portions in the forefoot, midfoot, and heel regions); and a front cushioning member disposed within a front spacing (see annotated Fig.) between the upper outsole and the lower outsole (annotated fig. 4 shows the front spacing, and while the front cushioning member is not shown, paragraph [042] teaches “the central portions 244a-244d may be spaced from the chassis 210 by any suitable element, such as, for example, a foam member, a fluid-filled chamber, etc,” wherein the foam member is considered to be the front cushioning member as the front spacing is formed between the central portion (244) and the upper outsole (210)), wherein the lower outsole extends outward from a periphery of the upper outsole, away from the longitudinal axis, and wherein the lower outsole curves downward and inward, toward the longitudinal axis, to extend beneath the upper outsole to form the front spacing therebetween (fig. 4 shows the lower outsole (212, 214) extending from a periphery of the upper outsole outward and away from the longitudinal axis and curving downwards and inward toward the longitudinal axis to extend under the upper outsole and form the front spacing therebetween).
Regarding Claim 2, Chen et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Chen et al. further teaches wherein the upper outsole (210) defines a heelmost end of the outsole (fig. 3B shows the upper outsole (210) defining a heelmost end of the outsole (204)).
Regarding Claim 3, Chen et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Chen et al. further teaches wherein the lower outsole (212, 214) is configured to partially collapse into the front cushioning member (fig. 7 shows the lower outsole (212, 214) configured to collapse into the front spacing, therein the lower outsole (212, 214) would clearly partially collapse into the front cushioning member when it is disposed in the front spacing in the manner as describe above).
Regarding Claim 4, Chen et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Chen et al. further teaches wherein a plurality of first ground engaging members (246, 248) extends from a bottom surface of the lower outsole (212, 214) (fig. 3A shows the first ground engaging members (246, 248) extending from a bottom surface of the lower outsole (212, 214).
Regarding Claim 5, Chen et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Chen et al. further teaches wherein the plurality of first ground engaging members (246, 248) is disposed directly below the front cushioning member (as the front cushioning member/foam member is taught (see paragraph [0042] cited above) as being disposed between the central portion (244) of the lower outsole (212, 214), and fig. 4 shows the plurality of first ground engaging members (246, 248) being disposed directly below the central portion (244), the plurality of front ground engaging members would clearly be disposed directly below the front cushioning member).
Regarding Claim 7, Chen et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Chen et al. further teaches wherein the front spacing (see annotated Fig.) defines a curved length extending in a direction between the heel end and the toe end of the sole structure (annotated fig. 2B shows the front spacing defining a curved length extending in a direction between the heel (14) and the toe (12) ends of the sole structure).
Regarding Claim 8, Chen et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Chen et al. further teaches wherein the lower outsole (212, 214) does not extend to the heel end of the sole structure (figs. 2A and 2B show the lower outsole (212, 214) not extending to the heel end (14) of the sole structure).
Regarding Claim 9, Chen et al. teaches a sole structure (200) for an article of footwear (10) having an upper (100) (Fig. 1 shows the sole structure (200) being used in an article of footwear (10) with an upper (100)), the sole structure defining a lateral side (18), a medial side (16), a forefoot region (20), a midfoot region (22), a heel region (24), a toe end (12), a heel end (14), and a longitudinal axis (A10) extending between the toe end and the heel end (figs. 2A and 3A show the sole structure having each of the sides, regions, and ends as claimed), comprising: an outsole (204) having an upper outsole (210) and a lower outsole (212, 214) that is directly coupled with the upper outsole (figs. 2A and 4 show the upper (210) and lower (2112, 214) outsoles being directly coupled with each other), the upper outsole defining a front portion within the forefoot region, a middle portion within the midfoot region, and a rear portion within the heel region (figs. 2A and 3A show the upper outsole (210) extending through and defining front, middle, and rear portions in the forefoot, midfoot, and heel regions); and a front cushioning member disposed within a front spacing (see annotated Fig.) between the upper outsole and the lower outsole (annotated fig. 4 shows the front spacing, and while the front cushioning member is not shown, paragraph [042] teaches “the central portions 244a-244d may be spaced from the chassis 210 by any suitable element, such as, for example, a foam member, a fluid-filled chamber, etc,” wherein the foam member is considered to be the front cushioning member as the front spacing is formed between the central portion (244) and the upper outsole (210)), wherein the lower outsole extends outward from a periphery of the upper outsole, away from the longitudinal axis, and wherein the lower outsole curves downward and inward, toward the longitudinal axis, to extend beneath the upper outsole to form the front spacing therebetween (fig. 4 shows the lower outsole (212, 214) extending from a periphery of the upper outsole outward and away from the longitudinal axis and curving downwards and inward toward the longitudinal axis to extend under the upper outsole and form the front spacing therebetween), wherein the lower outsole defines a ground-engaging surface within the forefoot region, and wherein a plurality of first ground engaging members (246, 248) extends from a bottom surface of the lower outsole (fig. 2A and 3A show the lower outsole (212, 214) defining a ground engaging surface within the forefoot region and a plurality of first ground engaging members (246, 248) extending from a bottom surface of the bottom surface of the lower outsole (212, 214)).
Regarding Claim 11, Chen et al. teaches all of the limitations of the sole structure of Claim 9, as discussed in the rejections above. Chen et al. further teaches wherein the front spacing (see annotated Fig.) defines a front spacing volume, and wherein the lower outsole is configured to move toward the upper outsole to reduce the front spacing volume and compress the front cushioning member between the lower outsole and the upper outsole (fig. 7 shows the lower outsole (212, 214) being capable of moving toward the upper outsole (210), therein reducing the front spacing volume, where the front cushioning member would also clearly be compressed when present in the manner described in paragraph [0042] above).
Regarding Claim 12, Chen et al. teaches all of the limitations of the sole structure of Claim 9, as discussed in the rejections above. Chen et al. further teaches wherein the upper outsole (210) defines a heelmost end of the outsole (fig. 3B shows the upper outsole (210) defining a heelmost end of the outsole (204)).
Regarding Claim 13, Chen et al. teaches all of the limitations of the sole structure of Claim 9, as discussed in the rejections above. Chen et al. further teaches wherein the outsole (204) comprises a thermoplastic elastomer (paragraph [0031] teaches “The outsole 204 is formed of any suitable material, such as, for example, a foam, a plastic, a thermoplastic polyurethane, a polyvinyl chloride, etc,” wherein thermoplastic polyurethane is a thermoplastic elastomer).
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Allowable Subject Matter
Claims 6 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 14-20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HALEY A SMITH whose telephone number is (571)272-6597. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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/HALEY A SMITH/Primary Examiner, Art Unit 3732
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