throbber
(19) United States
`(12) Patent Application Publication (10) Pub. No.: US 2016/0219973 A1
`Cheney et al.
`(43) Pub. Date:
`Aug. 4, 2016
`
`US 20160219973A1
`
`(54) FLEXIBLE ARTICLE OF FOOTWEAR AND
`RELATED METHOD OF MANUFACTURE
`
`(71) Applicant: Wolverine World Wide, Inc., Rockford,
`MI (US)
`(72) Inventors: James H. Cheney, Northborough, MA
`(US); David Thorpe, Acton, MA (US);
`Alan Lazell, Dongguan City (CN)
`
`(21) Appl. No.: 14/609,828
`(22) Filed:
`Jan. 30, 2015
`
`Publication Classification
`
`(51) Int. Cl.
`A43B I3/4
`A43B I3/2
`
`(2006.01)
`(2006.01)
`
`(52) U.S. Cl.
`CPC ............... A43B 13/141 (2013.01); A43B 13/12
`(2013.01)
`
`(57)
`
`ABSTRACT
`
`An improved article of footwear and a related method of
`manufacture are provided. The article of footwear can include
`a sole construction including a midsole and an outsole that are
`configured to promote the natural motion of the wearer's foot
`and conformance to the ground. The sole construction can
`additionally include an insole construction having enhanced
`flexibility in the forefoot region to further accommodate
`dorsi-flexion and plantar-flexion of the wearer's foot. The
`related method of manufacture provides the assembly of an
`article of footwear having these and other features, which can
`be suitable for athletic wear, outdoor wear and casual wearby
`adults, adolescents and Small children.
`
`
`
`12
`
`14
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 1
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 1 of 14
`
`US 2016/0219973 A1
`
`
`
`32
`
`Fig. 1
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 2
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 2 of 14
`
`US 2016/0219973 A1
`
`
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 3
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 3 of 14
`
`US 2016/0219973 A1
`
`
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 4
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 4 of 14
`
`US 2016/0219973 Al
`
`76
`
`Pa
`
`
`
`i-
`
`{
`
`64
`
`62
`
`66 Fig. 7
`
`MacNeil Exhibit 2158
`
`i
`
`MacNeil IP, IPR2020-01139, Page 5
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 5
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 5 of 14
`
`US 2016/0219973 A1
`
`
`
`54
`
`Fig. 8
`
`Fig. 9
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 6
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 6 of 14
`
`US 2016/0219973 A1
`
`
`
`54
`
`50
`
`Fig. 10
`
`Fig.11
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 7
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 7 of 14
`
`US 2016/0219973 A1
`
`
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 8
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 8 of 14
`
`US 2016/0219973 A1
`
`
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 9
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 9 of 14
`
`US 2016/0219973 A1
`
`
`
`22 :
`
`
`
`2
`
`60
`
`1 O6
`
`12
`
`Z2
`
`
`
`
`
`
`
`82
`
`N
`
`S&SNSS3NSS SNN3NS
`NwSN Š NN3 N
`N
`
`26
`
`
`
`1 OO
`
`90
`
`Fig. 14
`
`60
`
`
`
`
`
`
`
`
`
`
`
`
`
`12
`
`24
`
`
`
`NSŠSŠ
`N (YS r N N
`
`
`
`
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 10
`
`

`

`Patent Application
`Publication
`
`Aug. 4, 2016 Sheet 10 of 14
`
`US 2016/0219973 A1
`
`
`
`Fig. 16
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 11
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 11 of 14
`
`US 2016/0219973 A1
`
`JOIN UPPER TO INSOLE ELEMENT
`WITH REMOVABLE PORTION
`
`1
`1 O
`
`FORMMDSOLE WITH GROOVES IN
`UPPER SURFACE OF MIDSOLE
`
`2
`11
`
`FORM OUTSOLE WITH GROOVES IN
`LOWER SURFACE OF OUTSOLE
`
`4
`11
`
`JOIN OUTSOLE TO MDSOLE
`
`116
`
`JOIN MIDSOLE TO ASSEMBLED L
`UPPER WITH INSOLE ELEMENT
`118
`
`SEPARATE REMOVABLE PORTION
`FROM INSOLE ELEMENT
`
`O
`12
`
`POSITION FOOTBED OVER
`NSOLE ELEMENT
`
`2
`12
`
`Fig. 17
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 12
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 12 of 14
`
`US 2016/0219973 A1
`
`
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 13
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 13 of 14
`
`US 2016/0219973 A1
`
`
`
`Fig. 19
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 14
`
`

`

`Patent Application Publication
`
`Aug. 4, 2016 Sheet 14 of 14
`
`US 2016/0219973 A1
`
`
`
`48
`
`SSXXXXXXXXXXXXXXXXX XXX XXX:
`d
`CXXXXXxxxxx xxxx x 77 r
`
`X XXXXXXXXXXXXXXXXXX
`& 1167aaaaaaaaaaaaaayaaxxx xxxxXXXXXXXXXXXXXX
`
`XXXXXXXXXX XXXX x X x X x 277 varrer rer
`
`R C
`
`WXXXXXXXXX CXXXXX
`XXXXXXXXXX
`
`CXXXX
`
`NON-STRETCH
`FABRIC
`
`NSOLE
`ELEMENT
`7
`
`M
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 15
`
`

`

`US 2016/0219973 A1
`
`Aug. 4, 2016
`
`FLEXBLE ARTICLE OF FOOTWEAR AND
`RELATED METHOD OF MANUFACTURE
`
`BACKGROUND OF THE INVENTION
`0001. The present invention relates to footwear and, more
`particularly, to footwear that promotes the natural movement
`of the wearer's foot and conformity to the ground.
`0002 Conventional footwear typically includes two pri
`mary elements: an upper and a sole construction. The upper at
`least partially covers the wearer's foot, and the Sole construc
`tion provides support for the wearer's sole. The sole construc
`tion can include multiple layers and materials. For example,
`conventional Sole constructions can include a molded foam
`midsole over a natural rubber outsole. The molded foam
`midsole can provide cushioning while the natural rubber out
`sole can provide traction and wear resistance.
`0003 Conventional sole constructions are primarily flex
`ible in a single direction. In particular, many sole construc
`tions are intended to flex in the upward direction, in which the
`ground engaging Surface of the outsole is convex. Flexibility
`of this kind is typically achieved with modifications to the
`outsole. For example, it is known to introduce grooves in the
`outsole to promote the bending of the outsole in the upward
`direction. It is also known to separate the outsole into indi
`vidual components that move away from each other as the
`outsole is bent in an upward direction.
`0004. The natural movement of the wearer's foot is not
`limited to flexure in the upward direction, however. In addi
`tion to upward flexure, or dorsi-flexion, the human foot natu
`rally exhibits downward flexure, or plantar-flexion. Conven
`tional Sole constructions typically exhibit significant
`resistance to plantar-flexion, however. For example, many
`conventional Sole constructions include an outsole or a mid
`sole that resists plantar-flexion of the wearer's foot. By
`opposing the natural ability of the human foot to flex down
`wardly, many Such sole constructions compromise stability
`and grip on all but even Surfaces.
`
`SUMMARY OF THE INVENTION
`0005. An improved article of footwear and a related
`method of manufacture are provided. The improved article of
`footwear includes a sole construction configured to promote
`the natural motion of the wearer's foot over a variety of
`surfaces and for a variety of activities. The sole construction
`includes enhanced flexibility in the forefoot region to accom
`modate planar-flexion and dorsi-flexion of the wearer's foot.
`The related method of manufacture provides the assembly of
`an article of footwear having these and other features, which
`can be suitable for athletic wear, outdoor wear and casual
`wear by adults, adolescents and small children. The related
`method of manufacture can be modified to meet the specific
`demands of the end-use application, thereby providing an
`article of footwear having the desired degree of cushioning
`and ground protection while also providing the desired degree
`of flexibility for the wearer.
`0006. In one embodiment, an article of footwear includes
`an insole element, a midsole, and an outsole. The insole
`element includes an opening or cutout, optionally including
`an elastic material spanning the opening or cutout. The open
`ing or cutout extends over flex grooves in the midsole that can
`define anatomical pods beneath the wearer's forefoot and that
`promote upward and downward flexibility. The outsole
`includes a lower Surface defining outsole flex grooves in
`
`general alignment with the midsole flex grooves. The midsole
`lower Surface and the outsole upper Surface define an inter
`face about which the article of footwear can be flexed to
`accommodate planar-flexion and dorsi-flexion of the wear
`er's forefoot.
`0007. The midsole can include an upper surface defining a
`plurality of lateral flex grooves and a plurality of longitudinal
`flex grooves. The plurality of lateral flex grooves include a
`first lateral flex groove extending generally beneath a junction
`between the wearers toe bones and metatarsal bones and a
`second lateral flex groove extending generally beneath the
`wearer's metatarsal bones. The plurality of longitudinal
`grooves intersect the plurality of lateral grooves in the fore
`foot region of the midsole. The midsole grooves, both longi
`tudinal and lateral, can define a depth that is a percentage of
`the thickness of the midsole. For example, the midsole flex
`grooves optionally define a depth between about 25% and
`95% of the thickness of the midsole, further optionally
`between about 70% and 90% of the thickness of the midsole.
`The midsole flex grooves can alternatively extend entirely
`through the thickness of the midsole. In other embodiments,
`the depth of the midsole flex grooves varies, such that the
`depth of one midsole flex groove is different from the depth of
`another of the midsole flex groove.
`0008. The outsole flex grooves can minor the midsole flex
`grooves, extending between adjacent tread elements of the
`outsole. The tread elements are optionally positioned below
`individual bones, joints and/or muscles and move indepen
`dently of each other, and are interconnected with each other.
`For example, individual tread elements are positioned
`beneath the wearer's toe bones, beneath the wearer's meta
`tarsal bones, beneath the wearer's tarsal bones, and/or
`beneath the wearer's calcaneus (heel) bone. The tread ele
`ments are optionally surrounded by a color dam, which acts as
`a separation element between the tread elements and the
`outsole flex grooves. The outsole flex grooves can define a
`depth that is a percentage of the thickness of the outsole
`(inclusive of the tread elements). The outsole flex grooves
`optionally define a depth between about 25% and 95% of the
`thickness of the outsole, further optionally between about
`50% and 70% of the thickness of the outsole. The outsole flex
`grooves can alternatively extend entirely through the thick
`ness of the outsole.
`0009. In another embodiment, a method of manufacturing
`an article of footwear is provided. The method generally
`includes lasting an upper with an insole element, forming a
`midsole including midsole grooves, forming an outsole
`including outsole grooves, joining the outsole to the midsole,
`joining the midsole to the insole element, removing an area of
`material from the forefoot region of the insole element, and
`positioning a footbed over the insole element. Joining the
`insole element to the upper can include sewing the insole
`element to the upper. In embodiments where the insole ele
`ment is a Strobel board, the insole element can be joined to the
`upper along a butt seam. In embodiments where the insole
`element is a lasting board, the insole element can be joined to
`the upper with cement. Joining the midsole to the insole
`element can include gluing the midsole to all except the
`forefoot portion of the insole element. Removing the area of
`material can include directly or indirectly pulling a perforated
`segment from the remainder of the insole element. The per
`forated segment can additionally include a pull tab sewn,
`cemented or otherwise joined to the perforated portion to aid
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 16
`
`

`

`US 2016/0219973 A1
`
`Aug. 4, 2016
`
`in the removal of the perforated segment. The remainder of
`the insole element can include a border around an opening in
`the forefoot region.
`0010. In these and other embodiments, the improved
`article of footwear can include a sole construction that pro
`motes the natural movement of the foot and ground conform
`ance. The sole construction is generally flexible longitudi
`nally, laterally, and diagonally, accommodating plantar
`flexion, dorsi-flexion, and twisting. The Sole construction
`provides a balance of dynamic, multi-directional, barefoot
`like movement and conformance with the ground and cush
`ioning with improved surface area contact. The improved
`Surface area contact can enhance stability, proprioception,
`traction and agility with effective ground protection for a
`variety of pursuits. Example pursuits include trail running,
`hiking, hunting, boating, and aquatic activities. Additional
`applications include footwear specifically adapted to promote
`walking for infants and small children. The related method of
`manufacture can be tailored to meet desired levels offlexibil
`ity and performance while providing the desired degree of
`Support to the wearer's sole.
`0011. These and other advantages and features of the
`invention will be more fully understood and appreciated by
`reference to the description of the current embodiments and
`the drawings.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`0012 FIG. 1 is an elevation view of an article of footwear
`in accordance with a current embodiment.
`0013 FIG. 2 is a plan view of a first insole element for the
`article of footwear of FIG. 1.
`0014 FIG. 3 is a plan view of a second insole element for
`the article of footwear of FIG. 1.
`0015 FIG. 4 is a plan view of a third insole element for the
`article of footwear of FIG. 1 with non-stretch webbing.
`0016 FIG.5 is a plan view of a first midsole for the article
`of footwear of FIG. 1 including flex grooves and anatomical
`pods.
`0017 FIG. 6 is a plan view of the midsole of FIG.5 having
`a Superimposed bone structure for the human foot.
`0018 FIG. 7 is a plan view of a second midsole for the
`article of footwear of FIG. 1 including flex grooves and ana
`tomical pods.
`0019 FIG.8 is a plan view of a third midsole for the article
`of footwear of FIG. 1 including flex grooves and anatomical
`pods.
`0020 FIG. 9 is a plan view of the underside of a midsole
`illustrating a protective film in the forefoot region of the
`midsole.
`0021
`FIG. 10 is a plan view of the underside of a midsole
`illustrating a protective film in the forefoot, mid-foot, and
`rearfoot regions of the midsole.
`0022 FIG. 11 is a plan view of the upper surface of a
`midsole in accordance with a current embodiment.
`0023 FIG. 12 is a plan view of the lower surface of an
`outsole in accordance with the embodiment of FIG. 11.
`0024 FIG. 13 is a cross-sectional view of the midsole of
`FIG. 11 and the outsole of FIG. 12 taken along line 13-13 in
`FIGS 11-12.
`0.025
`FIG. 14 is a second cross-sectional view of the mid
`sole of FIG. 11 and the outsole of FIG. 12 taken along line
`14-14 in FIGS. 11-12.
`
`0026 FIG. 15 is a third cross-sectional view of the midsole
`of FIG. 11 and the outsole of FIG. 12 taken along line 15-15
`in FIGS. 11-12.
`0027 FIG. 16 is a plan view of an outsole in accordance
`with a current embodiment illustrating anatomical tread ele
`mentS.
`0028 FIG. 17 is a flow-chart illustrating a method for
`manufacturing an article of footwear in accordance with an
`embodiment of the present invention.
`0029 FIG. 18 is a plan view of insole elements including
`perforations Surrounding a removable forefoot portion.
`0030 FIG. 19 is a plan view of an insole element including
`webbing joined to the removable forefoot portion of the
`insole element.
`0031
`FIG. 20 is a plan view of the underside of an insole
`element including non-stretch webbing extending across the
`forefoot region and joined to the upper.
`
`DESCRIPTION OF THE CURRENT
`EMBODIMENTS
`0032. The current embodiments relate to an improved
`article of footwear and a related method of manufacture. In
`these embodiments, the improved article of footwear includes
`a flexible sole construction adapted to promote the natural
`motion of the wearer's foot and conformance with the
`ground, while providing ground protection and Support for
`the wearer. The related method provides the manufacture of
`an article of footwear having a flexible sole construction for
`use across a range of activities.
`
`I. Construction
`0033 Referring now to FIG. 1, an article of footwear in
`accordance with one embodiment is illustrated and generally
`designated 10. The article of footwear 10 includes an upper 12
`and a sole construction 14. The upper 12 is formed from a
`variety of material elements that are joined together to cover
`at least a portion of the wearer's foot. The material elements
`can be selected based on the intended uses of the article of
`footwear 10, and can include synthetic textiles, mesh textiles,
`polymers or leather, for example. The upper 12 is generally
`constructed to not impede the flexibility of the sole construc
`tion 14, and can include stretchable or elastic material ele
`ments. For example, the material elements can include Lycra,
`Neoprene or Spandex. The upper 12 can include one or more
`closure elements 16, including for example shoelaces orhook
`and loop fasteners. The upper 12 additionally includes an
`upper opening 18 for receiving the wearer's foot and a lower
`periphery 20 for attachment to the sole construction 14.
`0034. The sole construction 14 is also illustrated in side
`profile FIG.1. The sole construction 14 is adapted to provide
`flexibility for a range of foot movements, including for
`example plantar-flexion and dorsi-flexion. The Sole construc
`tion 14 includes an insole element 22 (not shown in FIG. 1),
`a midsole 24 and an outsole 26, but greater or fewer elements
`of the sole construction 14 can be included in other embodi
`ments. For example, some embodiments can include only a
`midsole an outsole, while other embodiments can include
`only an insole element and an outsole. Still other embodi
`ments can include a unit Sole, in which the midsole and the
`outsole are combined into a single unitary element. The unit
`sole can include EVA foam with a cushioning top portion and
`a firmer, wear resistant bottom portion. Each of the insole
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 17
`
`

`

`US 2016/0219973 A1
`
`Aug. 4, 2016
`
`element 22, the midsole 24 and the outsole 26 can addition
`ally include aforefoot region 28, a mid-foot or arch region30,
`and a rearfoot region 32.
`0035. An insole element 22 in accordance with one
`embodiment is illustrated in FIG. 2. The insole element 22 is
`generally non-stretchable and lightweight and joined to the
`upper 12 to provide avoid for receipt of the wearer's foot. The
`insole element 22 includes enhanced flexibility in at least the
`forefoot region 28 in the illustrated embodiment, and can
`include increased flexibility in the mid-foot region 30 and
`rearfoot region 32 in other embodiments. The enhanced flex
`ibility is optionally achieved with an interior opening 34
`extending entirely through the thickness of the insole element
`22. The interior opening 34 generally overlies one or more
`flex grooves in the midsole 24 as discussed below. In addition,
`the interior opening 34 is enclosed by a peripheral lip 36. The
`peripheral lip 36 is generally flat, includes a generally uni
`form width, and is joined to the upper 12, optionally along a
`butt seam. The insole element 22 includes a Strobel board in
`the current embodiment, while in other embodiments the
`insole element 22 includes a lasting board. The insole element
`22 can be non-woven, woven or fibrous, and can beformed of
`nylon, polyester, or polypropylene. Still other constructions
`for the insole element 22 are possible in other embodiments
`where desired.
`0036. The outline of the interior opening 34 generally
`mimics the shape of the forefoot region of the insole element
`22. In particular, the outline of the interior opening 34 gen
`erally includes a straight portion 38 adjacent the mid-foot
`region 30 of the insole element 22 and a curved portion 40
`forward of the straight segment 38. The curved portion 40 is
`spaced apart from the outer periphery 42 of the insole element
`22 by 7 mm to 17 mm in the present embodiment, but can be
`spaced apart by other distances in other embodiments. For
`example, the spacing can be between 5 mm and 25 mm,
`further optionally between 10 mm and 15 mm.
`0037. The interior opening 34 can be modified as desired.
`As further optionally shown in FIG.3, for example, a flexible,
`stretchable covering 44 can extend over the opening 34 in the
`insole element 22. The flexible, stretchable covering 44 can
`include an elastic membrane that extends partially or com
`pletely over the opening 34 in the forefoot region 28 of the
`insole element 22, being generally secured to the downward
`facing surface of the insole element 22. The elastic membrane
`includes Lycra, Neoprene or Spandex in the illustrated
`embodiment, while in other embodiments other materials can
`be used as desired. The opening 34 can additionally include
`one or more web stiffeners. As shown in FIG. 4, two web
`stiffeners 46, 48 are arranged to extend across the opening 34.
`thereby providing an added degree of dimensional stability to
`the flexible covering 38. In the illustrated embodiment, the
`web stiffeners 46, 48 are formed separately from the insole
`element 22 and are glued, stitched or stapled thereto prior to
`the formation of the opening 34 in the insole element 22. In
`other embodiments the web stiffeners 46, 48 are formed of the
`same material as the insole element 22, and separate the
`opening 34 into Sub-openings. In still other embodiments, the
`interior opening is replaced by one or more web stiffeners 46,
`48 that are joined to the upper 12 and that span the forefoot
`region. As shown in FIG. 20 for example, the web stiffeners
`46, 48 are joined to the lower periphery of the upper 12,
`optionally by means of a butt seam, on the upward facing
`surface of the insole element 22. An optional flexible covering
`44 can extend across the remainder of the open area in the
`
`forefoot region, and can be Lycra, Neoprene or Spandex as
`generally discussed above in connection with FIGS. 3-4. The
`web stiffeners 46, 48 are generally cut or removed once the
`article of footwear is assembled as discussed below to
`enhance flexibility of the finished construction.
`0038 Amidsole 24 in accordance with one embodiment is
`illustrated in FIG. 5. The midsole 24 is positioned below the
`insole element 22, and includes a lower surface 50, an upper
`surface 52, and a sidewall 54 extending therebetween. The
`upper surface 52 can include multiple midsole grooves 60.
`The midsole grooves 60 are positioned to provide enhanced
`bending flexibility to the midsole, and in particular, bending
`flexibility in the downward (plantar-flexion) direction. The
`midsole grooves 60 generally underlie the insole opening 34.
`providing enhanced flexibility in the forefoot region 28. In
`addition, the midsole grooves 60 are contained within the
`midsole upper surface 52. In other embodiments, the midsole
`grooves 60 are contained within the midsole lower surface 50.
`In still other embodiments, both of the lower surface 50 and
`the upper surface 52 include midsole grooves 60. In yet other
`embodiments, the midsole grooves 60 extend to the edge of
`the midsole 24 and define a break in the midsole sidewall 54.
`0039. The midsole grooves 60 can assume a variety of
`configurations. In the illustrated embodiment of FIG. 5, the
`midsole grooves 60 include a depth that extends partially
`through the thickness of the midsole 24, such that the midsole
`grooves 60 are not in communication with the outsole 26. For
`example, the midsole 24 can include a local thickness of
`about 11 mm and the midsole grooves 60 can include a depth
`of about 9 mm, leaving a connecting portion of about 2 mm.
`These dimensions can vary in other embodiments as desired.
`In dimensionless terms, the midsole grooves 60 can define a
`depth between about 25% and 95% of the thickness of the
`midsole 24, further optionally between about 70% and 90%
`of the thickness of the midsole 24. In other embodiments the
`midsole grooves 60 include a depth that extends entirely
`through the thickness of the midsole 24, such that the midsole
`grooves 60 are in communication with the outsole 26. The
`midsole grooves 60 can include a width (gap) that is selected
`to provide the desired degree of flexibility for the sole con
`struction. For example, the width can be 1 mm in embodi
`ments where modest flexibility is desired, and 3 mm in
`embodiments where greater flexibility is desired.
`0040. Referring again to FIG. 5, the midsole grooves 60
`include multiple lateral grooves and multiple longitudinal
`grooves. The lateral grooves include a first lateral groove 62
`and a second lateral groove 64. The first lateral groove 62 is
`positioned to extend generally beneath the wearers toes and
`forefoot. The second lateral groove 64 is spaced apart from
`the first lateral groove 62 in the longitudinal (heel-to-toe)
`direction. As shown in FIG. 6 for example, the second lateral
`groove 64 is positioned to extend generally beneath and
`between a junction between the wearer's phalanges (toe
`bones) and metatarsals. As also shown in FIG. 6, the first and
`second lateral grooves 62, 64 are arcuate in the present
`embodiment, but can be straight, angled or segmented in
`other embodiments. The longitudinal grooves 66 extend in
`the heel-to-toe direction, and intersect the first and second
`lateral grooves 62, 64. The longitudinal grooves 66 are posi
`tioned generally beneath and between adjacent metatarsals/
`toes, and facilitate torsional and longitudinal bending of the
`midsole 24. While shown as being located in the forefoot
`region of the midsole in the present embodiment, the midsole
`
`MacNeil Exhibit 2158
`Yita v. MacNeil IP, IPR2020-01139, Page 18
`
`

`

`US 2016/0219973 A1
`
`Aug. 4, 2016
`
`grooves 60 can extend into the mid-foot region 30 and/or the
`rearfoot region 32 of the midsole in other embodiments.
`0041. The midsole grooves 60 can define anatomical pods
`68 that are shaped to generally correspond with one or more
`anatomical features of the human foot. As shown in FIG. 5,
`for example, eachanatomical pod 68 is bordered on two, three
`or four sides by the midsole grooves 60. A first row of ana
`tomical pods 70 is bordered by the first lateral groove 62 and
`by the longitudinal grooves 66. A second row of anatomical
`pods 72 is bordered by the first and second lateral grooves 62,
`64 and by the longitudinal grooves 66. A third row of ana
`tomical pods 74 is bordered by the second lateral groove 64
`and by the longitudinal grooves 66. In addition, eachanatomi
`cal pod 68 underlies one or more bones in the wearer's foot.
`The first and second rows of anatomical pods 70, 72 generally
`underlie the metatarsals, while the third row of anatomical
`pods 74 generally underlies the phalanges. The pods 68 can
`assume other anatomical or non-anatomical shapes or loca
`tions in other embodiments as desired.
`0042. The midsole grooves 60 can deform to accommo
`date movement of the wearer's foot. For example, the gap
`within each midsole groove 60 can widen or narrow depend
`ing on the curvature imposed on the midsole 24 and the
`predominate direction of the midsole groove 60. If the mid
`sole groove 60 is predominately laterally disposed (e.g.,
`grooves 62 and 64), the midsole groove 60 can widen as the
`midsole 24 is flexed upwardly or narrow as the midsole 24 is
`flexed downwardly. If the midsole groove 60 is longitudinally
`disposed (e.g., grooves 66), the midsole groove 60 can widen
`as the midsole 24 assumes a longitudinally convex curvature
`and can narrow as the midsole 24 assumes a longitudinally
`concave curvature. The presence of the lateral midsole
`grooves 62, 64 therefore assistin promoting the natural move
`ment of the human foot, and conformance to the ground,
`beyond that which is accommodated by conventional foot
`wear constructions.
`0043. The midsole grooves 60 can assume a variety of
`alternative configurations. For example, the midsole grooves
`60 can include a depth that extends entirely through the thick
`ness of the midsole 24, such that the midsole grooves 60 are
`in communication with the outsole 26, enhancing the flex
`ibility of the outsole 26. In other words, the midsole grooves
`60 define slots 76 that perforate the entire thickness of the
`midsole. As shown in FIG.7, the slots 76 (the shaded portions
`of the grooves 60) can penetrate the second lateral groove 64
`and the longitudinal grooves 66 at selective locations along
`the length of the longitudinal grooves 66. As shown in FIG. 8,
`the slots 76 can penetrate the first and second lateral grooves
`62, 64, the outermost longitudinal grooves 66, and the inner
`most longitudinal grooves 66 at Selective locations along their
`length. An optional third lateral groove 78 extends forward of
`the second lateral groove 64. Individual connectors 80 join
`adjacent anatomical pods 68 that would otherwise be discon
`nected from the remainder of the midsole 24. The outsole 26
`is generally viewable through the slots 76 (around the con
`nectors 80) in these embodiments, optionally extending
`upwardly into the slots 76. The connectors 80 can be severed
`or removed during the manufacture of the article of footwear,
`for example after joining the outsole 26 to the midsole 24. The
`connectors 80 can also be suspended above the outsole 26.
`That is, the midsole grooves 60 can define a relief in the upper
`Surface of the midsole 24 and can define a matching relief in
`the lower surface of the midsole 24. For example, the midsole
`24 can have a thickness of 8 mm, an upper midsole groove
`
`having a 3 mm depth, and a lower midsole groove having a 3
`mm depth, leaving a connector 80 having a thickness of 2 mm
`(in the vertical dimension) that is suspended above the outsole
`26. Different configurations can be utilized in other embodi
`ments where desired.
`0044) The midsole 24 can include essentially any material
`suitable for providing foot support. For example, the midsole
`24 can include ethylene-vinyl acetate, polyurethane, or ther
`moplastic elastomer. The midsole 24 can be compression
`molded in some embodiments, while in other embodiments
`the midsole 24 can be injection molded. Other manufacturing
`techniques can be used in other embodiments as desired. The
`midsole 24 can additionally include a protective film 82 (also
`referred to as a protective plate 82) that extends over the upper
`surface 52, the lower surface 50, or both the upper surface 52
`and the lower surface 50 of the midsole 24. As shown in FIG.
`9, for example, a 1 mm protective film 82 extends over the
`lower surface 50 of the forefoot region 28 of the midsole 24.
`As shown in FIG. 10, the protective film 82 extends over
`substantially the entire lower surface 50 of the midsole 24.
`The protective film 52 optionally includes ethylene-vinyl
`acetate plastic, thermoplastic polyurethane, or PebaXR (poly
`ether block amide, available from Arkema), which can pro
`vide enhanced strength to the midsole 24 without degrading
`the flexibility of the midsole 24. The midsole 24 can addition
`ally be formed of two or more materials having different
`material properties. For example, the midsole 24 can include
`a first material in a first one of the anatomical plurality pods
`68 and a second material in a second one of the plurality of
`anatomical pods 68. Further by example, the midsole 24 can
`include a first material in the forefoot region and a second
`material in the rearfoot or mid-foot region.
`0045 An outsole 26 in accordance with one embodiment
`is illustrated in FIG. 12. The outsole 26 includes a lower
`surface 84, an upper surface 86, and a sidewall 88 extending
`therebetween. The lower surface 84 additionally includes one
`or more tread elements 90 (shown in FIG. 12 as 92,94, and
`96). The tread elements 90 optionally include a two-dimen
`sional shape that corresponds to one or more anatomical
`features of the human foot. For example, the tread elements
`90 can include a two-dimensional shape (in plan view) that
`corresponds to the following anatomical features: the phalan
`ges, the metatarsal bones, the tarsal bones, the arch, and/or the
`calcaneus (heel) bone. As optionally shown in FIGS. 12 and
`16, the tread elements 90 include a first row of five tread
`elements 92 b

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket