throbber
I 1111111111111111 11111 111111111111111 IIIII IIIII IIIII IIIII lll111111111111111
`US007774956B2
`
`c12) United States Patent
`Dua et al.
`
`(IO) Patent No.:
`(45) Date of Patent:
`
`US 7,774,956 B2
`Aug. 17, 2010
`
`(54) ARTICLE OF FOOTWEAR HAVING A FLAT
`KNIT UPPER CONSTRUCTION OR OTHER
`UPPER CONSTRUCTION
`
`(75)
`
`Inventors: Bhupesh Dua, Portland, OR (US);
`Edward Nathaniel Thomas, Portland,
`OR (US)
`
`(73) Assignee: NIKE, Inc., Beaverton, OR (US)
`
`( *) Notice:
`
`Subject to any disclaimer, the term ofthis
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 929 days.
`
`(21) Appl. No.: 11/558,499
`
`(22) Filed:
`
`Nov. 10, 2006
`
`(65)
`
`Prior Publication Data
`
`US 2008/0110048 Al
`
`May 15, 2008
`
`(51)
`
`Int. Cl.
`A43C 11100
`(2006.01)
`A43B 23102
`(2006.01)
`(52) U.S. Cl. ............................... 36/50.1; 36/45; 36/9 R
`(58) Field of Classification Search .................. 36/50.1,
`36/45, 9 R, 58.5, 54
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`2,330,199 A
`2,376,399 A *
`2,904,980 A *
`3,402,323 A
`3,583,081 A *
`3,603,006 A *
`4,646,727 A *
`4,785,558 A
`4,878,504 A *
`4,998,722 A *
`
`9/ 1943 Basch
`5/1945 Yandell ......................... 36/10
`9/1959 Stinson
`....................... 66/171
`9/ 1968 Longstreth
`6/1971 Hayashi ......................... 36/45
`9/1971 Davenportetal. ........... 36/11.5
`3/ 1987 Chambers .. ... ... ... ... ... .. ... 602/3
`1111988 Shiomura
`11/1989 Nelson ........................ 602/27
`3/ 1991 Scott . ... ... ... .. ... ... ... ... .. . 482/79
`
`5,067,260 A *
`5,257,969 A
`D346,686 S
`5,377,430 A *
`6,754,983 B2 *
`6,931,762 Bl*
`2005/0115284 Al
`2005/0193592 Al
`2005/0284000 Al
`
`................ 36/7.1 R
`
`11/1991 Jenkins, Jr.
`1111993 Mance
`5/ 1994 Hatfield
`1/1995 Hatfield et al. ................. 36/51
`6/2004 Hatfield et al. ................. 36/45
`8/2005 Dua ............................. 36/9 R
`6/2005 Dua
`9/2005 Dua et al.
`12/2005 Kerns
`
`OTHER PUBLICATIONS
`
`International Search report in corresponding PCT application, Inter(cid:173)
`national Application No.PCT/US2007/084013, mailed Apr. 4, 2008.
`International Preliminary Report on Patentability in corresponding
`PCT Application, International Application No. PCT/US2007/
`084013, mailed May 22, 2009.
`U.S. Office Action for U.S. Appl. No. 11/558,501.
`
`* cited by examiner
`
`Primary Examiner-Ted Kavanaugh
`(74) Attorney, Agent, or Firm-Banner & Witcoff, Ltd.
`
`(57)
`
`ABSTRACT
`
`Flat knitting allows production of textile structures (e.g., for
`use in footwear uppers) of a final desired shape such that
`textile cutting steps can be avoided. Flat knitted elements also
`can be formed directly in desired three dimensional shapes,
`which can help avoid the need to use additional support
`structures (e.g., in footwear construction). By selectively
`placing multiple different yarns and/or stitch patterns at mul(cid:173)
`tiple different locations in the overall structure during the
`knitting process, flat knitted products may have multiple dif(cid:173)
`ferent physical properties ( e.g., different stretchability, differ(cid:173)
`ent moisture management capabilities, etc.) at multiple dif(cid:173)
`ferent locations or zones within a single, unitary construction
`( e.g., different properties at different zones or locations
`within a single footwear structure). Additionally, flat knitting
`can be used to produce pockets, tunnels, or other layered
`structures in the final product.
`
`10 Claims, 18 Drawing Sheets
`
`13
`
`12
`
`11
`
`Skechers EX1029-p.1
`Skechers v Nike
`
`

`

`0--, = N
`
`UI
`\0
`~
`-....l
`~
`-....l
`d r.,;_
`
`....
`0 ....
`('D a ....
`rJJ =(cid:173)
`
`QO
`
`Skechers EX1029
`Skechers v Nike
`
`11
`
`21
`
`Figure 1
`
`12
`
`13
`
`> = ~ ....
`
`N
`~-....J
`
`0 ....
`
`0
`
`~ = ~
`
`~
`~
`~
`•
`00
`~
`
`)0
`
`Skechers EX1029-p.2
`Skechers v Nike
`
`

`

`0--, = N
`
`UI
`\0
`~
`-....l
`~
`-....l
`d r.,;_
`
`13
`
`20
`
`2
`
`Figure
`
`12
`
`11
`
`....
`0 ....
`N
`.....
`rJJ =(cid:173)
`
`('D
`('D
`
`QO
`
`~ ....
`~
`
`N
`~-....J
`
`0 ....
`
`0
`
`~ = ~
`
`~
`~
`~
`•
`00
`~
`
`~
`10
`
`Skechers EX1029-p.3
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 3 of 18
`
`US 7,774,956 B2
`
`I
`
`I
`
`I
`
`I
`I
`
`I
`I
`I
`I
`
`I
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`I
`I
`L
`I
`
`I
`
`I
`
`I
`t
`
`I
`I
`
`I
`
`I
`I
`
`I
`I
`I
`I
`I
`
`I
`
`I
`
`I
`
`I
`I
`
`I
`
`I
`I
`L
`
`I
`
`I
`I
`I
`
`l .
`I .
`' I
`' I !
`: 1 I
`. I
`: 1
`. I !
`•
`I ! ' l I
`:
`. I .
`I .
`1
`• I
`t !
`'
`I ! : I
`: . i I
`•
`I • L
`' I
`l ' .
`I ! I
`'
`!
`•
`:
`l • ! L
`I ' I
`I .
`' I
`' I
`1
`I
`.
`. . I I
`I
`' t
`I i I
`l .
`I
`l
`' I
`'
`I I I
`. I
`: L
`:
`l
`. ' I
`I
`• • ! I
`L
`:
`I
`l
`I ! I
`:
`' I
`
`I
`
`I
`I
`
`I
`
`I
`I
`I
`I
`I
`I
`
`I
`I
`
`I
`I
`
`I
`I
`I
`
`1
`
`I
`
`I
`
`I
`I
`I
`
`I
`I
`I
`I
`I
`I
`
`I
`
`I
`I
`I
`
`0
`tt)
`
`~t
`
`~
`
`o_/'
`
`-
`
`0
`....,.
`
`"'It' ~j a:,
`
`....,.
`
`rv-,
`
`(IJ
`~ ::,
`
`bO ·-LL.
`
`Skechers EX1029-p.4
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 4 of 18
`
`US 7,774,956 B2
`
`30
`
`31
`
`10
`)
`
`21
`
`Figure 4A
`
`22
`
`Skechers EX1029-p.5
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 5 of 18
`
`US 7,774,956 B2
`
`10
`)
`
`60
`
`21
`
`21
`
`22
`
`Figure 4B
`
`10 \
`
`60
`
`30
`
`22 Figure 4C
`
`Skechers EX1029-p.6
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 6 of 18
`
`US 7,774,956 B2
`
`i.n
`
`a, -::,
`t)Q ·-LI-
`
`Skechers EX1029-p.7
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 7 of 18
`
`US 7,774,956 B2
`
`QJ
`~ ::,
`
`b0 ·-LL.
`
`N
`LO
`
`o_/
`
`It)
`
`Skechers EX1029-p.8
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 8 of 18
`
`US 7,774,956 B2
`
`......
`C0
`
`a, ... ::,
`00 ·-LL.
`
`Skechers EX1029-p.9
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 9 of 18
`
`US 7,774,956 B2
`
`< C0
`cu ... :::,
`b0 ·-LL.
`
`Skechers EX1029-p.10
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 10 of 18
`
`US 7,774,956 B2
`
`cc
`00
`cu
`'-:::,
`00 ·-u.
`
`0
`II)
`
`,.,
`
`(0
`
`0 co
`
`u co
`cu
`'-:::,
`t)0 ·-u.
`
`Skechers EX1029-p.11
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 11 of 18
`
`US 7,774,956 B2
`
`Figure 8D
`
`31
`
`Figure 8E
`
`60
`
`10
`✓
`
`Skechers EX1029-p.12
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 12 of 18
`
`US 7,774,956 B2
`
`·-LL.
`
`Skechers EX1029-p.13
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 13 of 18
`
`US 7,774,956 B2
`
`Lt)
`"lll;f-
`
`(0 v
`
`~ °' (1) ... :::,
`bQ ·-LL.
`
`Skechers EX1029-p.14
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 14 of 18
`
`US 7,774,956 B2
`
`75
`
`70
`~
`
`74
`
`72
`
`Figure 10A
`
`Skechers EX1029-p.15
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 15 of 18
`
`US 7,774,956 B2
`
`70
`
`/
`
`10B
`
`71
`
`70
`
`/
`
`72
`
`Figure 10C
`
`Skechers EX1029-p.16
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 16 of 18
`
`US 7,774,956 B2
`
`~---
`
`CIJ ... ::,
`00 ·-LL
`
`Skechers EX1029-p.17
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 17 of 18
`
`US 7,774,956 B2
`
`32 1
`
`101
`,/
`
`Figure 11B
`
`201
`
`Skechers EX1029-p.18
`Skechers v Nike
`
`

`

`U.S. Patent
`
`Aug. 17, 2010
`
`Sheet 18 of 18
`
`US 7,774,956 B2
`
`134
`
`100
`
`,-I
`
`130
`
`Figure 12
`
`200
`
`,-I
`
`Figure 13
`
`Skechers EX1029-p.19
`Skechers v Nike
`
`

`

`US 7,774,956 B2
`
`1
`ARTICLE OF FOOTWEAR HAVING A FLAT
`KNIT UPPER CONSTRUCTION OR OTHER
`UPPER CONSTRUCTION
`
`BACKGROUND
`
`Conventional articles of athletic footwear include two pri(cid:173)
`mary elements, an upper and a sole structure. The upper
`provides a covering for the foot that securely receives and
`positions the foot with respect to the sole structure. In addi(cid:173)
`tion, the upper may have a configuration that protects the foot
`and provides ventilation, thereby cooling the foot and remov(cid:173)
`ing perspiration. The sole structure is secured to a lower
`surface of the upper and is generally positioned between the
`foot and the ground. In addition to attenuating ground reac(cid:173)
`tion forces, the sole structure may provide traction and con(cid:173)
`trol foot motions, such as pronation. Accordingly, the upper
`and the sole structure operate cooperatively to provide a com(cid:173)
`fortable structure that is suited for a wide variety of ambula(cid:173)
`tory activities, such as walking and running. The general
`features and configuration of the conventional upper are dis(cid:173)
`cussed in greater detail below.
`The upper forms a void on the interior of the footwear for
`receiving the foot. The void has the general shape of the foot,
`and access to the void is provided by an ankle opening.
`Accordingly, the upper extends over the instep and toe areas
`of the foot, along the medial and lateral sides of the foot, and
`around the heel area of the foot. A lacing system is often
`incorporated into the upper to selectively increase the size of
`the ankle opening and permit the wearer to modify certain
`dimensions of the upper to accommodate feet with varying
`proportions. In addition, the upper may include a tongue that
`extends under the lacing system and a heel counter to limit
`movement of the heel.
`The materials forming the upper may be selected based
`upon the properties of wear-resistance, flexibility, stretchabil(cid:173)
`ity, and air-permeability, for example. With regard to the
`exterior layer, the toe area and the heel area may be formed of
`leather, synthetic leather, or a rubber material to impart a
`relatively high degree of wear-resistance. Leather, synthetic
`leather, and rubber materials, however, may not exhibit the
`desired degree of flexibility and air-permeability. Accord(cid:173)
`ingly, various other areas of the exterior layer of the upper
`may be formed from a synthetic or natural textile material.
`The exterior layer of the upper may be formed, therefore,
`from numerous material elements that each impart different
`properties to specific portions of the upper.
`The intermediate layer of the upper may be formed from a
`lightweight polymer foam material that provides cushioning.
`Similarly, the interior layer of the upper may be formed of a
`moisture-wicking textile that removes perspiration from the
`area immediately surrounding the foot. In some articles of
`athletic footwear, the various layers may be joined with an
`adhesive, and stitching may be utilized to join elements
`within a single layer or to reinforce specific areas of the upper. 55
`Although the materials selected for the upper vary signifi(cid:173)
`cantly, textile materials often form at least a portion of the
`exterior layer and interior layer. A textile may be defined as a
`structure manufactured from fibers, filaments, or yams char(cid:173)
`acterized by flexibility, fineness, and a high ratio oflength to 60
`thickness. Textiles generally fall into two categories. The first
`category includes textiles produced directly from webs of
`filaments or fibers by randomly interlocking to construct non(cid:173)
`woven fabrics and felts. The second category includes textiles
`formed through a mechanical manipulation of yarn (e.g., by 65
`interlacing or interlooping), thereby producing a woven fab-
`ric or a knit fabric, for example.
`
`2
`Yarn is the raw material utilized to form textiles in the
`second category. In general, yam is defined as an assembly
`having a substantial length and relatively small cross-section
`that is formed of at least one filament or a plurality of fibers.
`5 Fibers have a relatively short length and require spinning or
`twisting processes to produce a yam of suitable length for use
`in textiles. Common examples of fibers are cotton and wool.
`Filaments, however, have an indefinite length and may merely
`be combined with other filaments to produce a yarn suitable
`10 for use in textiles. Modern filaments include a plurality of
`synthetic materials such as rayon, nylon, polyester, and poly(cid:173)
`acrylic, with silk being the primary, naturally-occurring
`exception. Yam may be formed of a single filament, which is
`conventionally referred to as a "monofilament yam," or a
`15 plurality of individual filaments grouped together. Yam may
`also include separate filaments formed of different materials,
`or the yarn may include filaments that are each formed of two
`or more different materials. Similar concepts also apply to
`yarns formed from fibers. Accordingly, yams may have a
`20 variety of configurations that generally conform to the defi(cid:173)
`nition provided above.
`The various techniques for mechanically manipulating
`yarn into a textile include interweaving, intertwining and
`twisting, and interlooping. Interweaving is the intersection of
`25 two yarns that cross and interweave at right angles to each
`other. The yams utilized in interweaving are conventionally
`referred to as "warp" and "weft." Intertwining and twisting
`encompasses procedures such as braiding and knotting where
`yarns intertwine with each other to form a textile. Interloop-
`30 ing involves the formation of a plurality of colunms of inter(cid:173)
`meshed loops, with knitting being the most common method
`of interlooping.
`The textiles utilized in footwear uppers generally provide a
`lightweight, air-permeable structure that is flexible and com-
`35 fortably receives the foot. In order to impart other properties
`to the footwear, including durability and stretch-resistance,
`additional materials are commonly combined with the textile,
`including leather, synthetic leather, or rubber, for example.
`With regard to durability, U.S. Pat. No. 4,447,967 to Zaino
`40 discloses an upper formed of a textile material that has a
`polymer material injected into specific zones to reinforce the
`zones against abrasion or other forms of wear. Regarding
`stretch resistance, U.S. Pat. No. 4,813,158 to Brown and U.S.
`Pat. No. 4,756,098 to Boggia both disclose a substantially
`45 inextensible material that is secured to the upper, thereby
`limiting the degree of stretch in specific portions of the upper.
`U.S. Patent Publication No. 2006-0048413 describes, inter
`alia, a rubber/foam web sandwiched between two textile
`structures to provide support, and this structure also allows
`50 for regional breathability, stretchability, and durability.
`
`SUMMARY
`
`One example structure according to this invention relates
`to an article of footwear having an upper and a sole structure
`secured to the upper. The upper includes a knitted element
`formed from at least one mechanically manipulated yam. The
`knitted element of this example structure has an area with a
`first layer and a coextensive second layer. The first layer is
`formed as a unitary construction with the second layer, and
`the second layer is joined to the first layer at opposite sides of
`the second layer.
`Another example aspect of the invention relates to a
`method of manufacturing an article of footwear. The method
`includes steps of flat knitting a textile element and incorpo(cid:173)
`rating the textile element into the article of footwear. The step
`of flat knitting may include forming an area of the textile
`
`Skechers EX1029-p.20
`Skechers v Nike
`
`

`

`US 7,774,956 B2
`
`4
`FIG. 13 is a perspective view of an article of footwear
`having yet another upper configuration in accordance with
`this invention.
`
`DETAILED DESCRIPTION
`
`3
`element with a first layer and a coextensive second layer. The
`two layers may be utilized to form a channel, for example. In
`some configurations, the step of flat knitting may include
`forming a first area and a second area, with one or both of a
`stitch type and a yam type of the first area being different than 5
`a stitch type and a yam type of the second area.
`Yet another example structure according to this invention
`relates to an article of footwear having a knitted element that
`includes a foot-receiving portion and one or more straps
`formed of unitary construction with the foot-receiving por- 10
`tion. The foot-receiving portion defines a void for receiving
`the foot, and the strap or straps extend outward from one or
`more sides of the foot-receiving portion.
`The advantages and features of novelty characterizing vari(cid:173)
`ous aspects of the invention are pointed out with particularity 15
`in the appended claims. To gain an improved understanding
`of the advantages and features of novelty, however, reference
`may be made to the following descriptive matter and accom(cid:173)
`panying drawings that describe and illustrate various embodi(cid:173)
`ments and concepts related to the aspects of the invention.
`
`DESCRIPTION OF THE DRAWINGS
`
`The following discussion and accompanying figures dis-
`close various uppers for articles of footwear, the uppers ( or at
`least portions thereof) being at least partially formed from a
`material produced through a flat knitting process. The uppers
`are disclosed in combination with footwear suitable for
`activities that include running and yoga. Concepts associated
`with the footwear and the uppers are not limited solely to
`footwear designed for running and yoga, but they may be
`applied to a wide range of athletic footwear styles, including
`baseball shoes, basketball shoes, cross-training shoes,
`cycling shoes, football shoes, tennis shoes, soccer shoes,
`walking shoes, and hiking boots, for example. The concepts
`also may be applied to footwear styles that are generally
`20 considered to be non-athletic, including dress shoes, loafers,
`sandals, and work boots. The concepts disclosed herein apply,
`therefore, to a wide variety of footwear styles. Also, aspects of
`this invention may be used in conjunction with other portions
`of a footwear structure, such as a layer within an upper mem(cid:173)
`ber structure, an interior lining for a footwear product ( such as
`a sock liner), a bootie member (optionally for inclusion in a
`footwear structure), etc.
`Flat knitting, when used in example structures according to
`this invention, can provide various advantages. For example,
`30 flat knitting can be used to provide textile structures for use in
`footwear uppers of a final desired shape such that textile
`cutting steps can be avoided (which eliminates waste, avoids
`the need to finish cut edges, saves time, saves money, etc.).
`Flat knitted elements also can be formed directly in desired
`three dimensional shapes, which can help avoid the need to
`use additional support structures in the overall footwear con(cid:173)
`struction (which also saves time, money, etc.; produces a
`lighter and/or more flexible product; may eliminate seams
`and at least some sewing, etc.; etc.). By selectively placing
`40 multiple different yams and/or stitch patterns at multiple
`different locations in the overall structure during the knitting
`process, flat knitted products may have multiple different
`physical properties (e.g., different stretchability, different
`moisture management capabilities, etc.) at multiple different
`45 locations or zones within a single, unitary construction (e.g.,
`different properties at different zones or locations within a
`single footwear structure). Additionally, flat knitting can be
`used to produce pockets, turmels, or other layered structures
`in the final product. These and other features, aspects, and
`50 advantages of structures and methods in accordance with
`examples of this invention will be described in more detail
`below in conjunction with the various example structures
`illustrated in FIGS. 1-13.
`
`FIG. 1 is a lateral side elevational view of an article of
`footwear having a first upper in accordance with the inven- 25
`tion.
`FIG. 2 is a medial side elevational view of the article of
`footwear.
`FIG. 3 is top plan view of the article of footwear.
`FIGS. 4A-4C are cross-sectional views of the article of
`footwear, as defined by section lines 4A-4C in FIG. 3.
`FIG. 5 is a plan view ofa lateral textile element of the first
`upper.
`FIG. 6 is a plan view of a medial textile element of the first 35
`upper.
`FIG. 7 is a plan view ofa central textile element of the first
`upper.
`FIG. SA is a perspective view depicting a first step in
`assembling the article of footwear.
`FIG. SB is a perspective view depicting a second step in
`assembling the article of footwear.
`FIG. SC is a perspective view depicting a third step in
`assembling the article of footwear.
`FIG. SD is a perspective view depicting a fourth step in
`assembling the article of footwear.
`FIG. SE is a perspective view depicting a fifth step in
`assembling the article of footwear.
`FIG. 9A is a plan view of another configuration for the
`lateral textile element.
`FIG. 9B is a plan view of yet another configuration for the
`lateral textile element.
`FIG. lOA is a perspective view of a textile element of a
`second upper in accordance with the invention.
`FIG. 10B is a top plan view of the textile element of the
`second upper.
`FIG. l0C is a side elevational view of the textile element of
`the second upper.
`FIG. llA is a perspective view of an article of footwear
`having a third upper in accordance with the invention.
`FIG. 11B is a side elevational view of the third upper in
`combination with a foot.
`FIG. 12 is a perspective view of an article of footwear 65
`having another upper configuration in accordance with this
`invention.
`
`55 General Footwear Structure
`An article of footwear 10 is depicted in FIGS. l-4C as
`including a sole structure 20 and an upper 30. For reference
`purposes, footwear 10 may be divided into three general
`regions: a forefoot region 11, a midfoot region 12, and a heel
`60 region 13, as shown in FIGS. 1 and 2. Footwear 10 also
`includes a lateral side 14 and a medial side 15. Forefoot region
`11 generally includes portions of footwear 10 corresponding
`with the toes and the joints connecting the metatarsals with
`the phalanges. Midfoot region 12 generally includes portions
`of footwear 10 corresponding with the arch area of the foot,
`and heel region 13 corresponds with rear portions of the foot,
`including the calcaneus bone. Lateral side 14 and medial side
`
`Skechers EX1029-p.21
`Skechers v Nike
`
`

`

`US 7,774,956 B2
`
`5
`15 extend through each of regions 11-13 and correspond with
`opposite sides of footwear 10. Regions 11-13 and sides 14-15
`are not intended to demarcate precise areas of footwear 10.
`Rather, regions 11-13 and sides 14-15 are intended to repre(cid:173)
`sent general areas of footwear 10 to aid in the following 5
`discussion. In addition to footwear 10, regions 11-13 and
`sides 14-15 may also be applied to sole structure 20, upper 30,
`and individual elements thereof.
`Sole structure 20 is secured to upper 30 and extends
`between the foot and the ground when footwear 10 is worn. In
`addition to providing traction, sole structure 20 may attenuate
`ground reaction forces when compressed between the foot
`and the ground during walking, running, or other ambulatory
`activities. As depicted in the figures, one suitable configura(cid:173)
`tion for sole structure 20 includes a midsole 21, an outsole 22, 15
`and an insole 23. Midsole 21 is secured to a lower surface of
`upper 30 and is primarily formed from a polymer foam ele(cid:173)
`ment ( e.g., a polyurethane or ethylvinylacetate foam, phylon,
`phylite, etc.) that imparts the ground reaction force attenua(cid:173)
`tion properties to sole structure 20. Midsole 21 may incorpo- 20
`rate a fluid-filled bladder that supplements the ground reac(cid:173)
`tion force attenuation properties. Outsole 22 is secured to a
`lower surface of midsole 21 and may be formed from textured
`rubber or other materials that impart a relatively high degree
`of wear resistance and/or traction properties. Insole 23 is 25
`located within upper 30 and is positioned to extend under a
`lower surface of the foot. Although this configuration for sole
`structure 20 provides a suitable example for a sole structure
`that may be used in connection with upper 30, a variety of
`other conventional or nonconventional configurations for 30
`sole structure 20 may also be utilized without departing from
`this invention.
`Upper 30 defines a void within footwear 10 for receiving
`and securing the foot relative to sole structure 20. More par(cid:173)
`ticularly, the void is shaped to accommodate a foot and 35
`extends along the lateral side of the foot, along the medial side
`of the foot, over the foot, and under the foot. Access to the
`void is provided by an ankle opening 31 located in at least heel
`region 13. A lace 32 extends through various lace elements 33
`and permits the wearer to modify dimensions of upper 30, 40
`thereby accommodating feet with varying proportions. Lace
`32 also permits the wearer to loosen upper 30 and facilitate
`removal of the foot from the void. Lace elements 33 in this
`example footwear structure 10 are formed from a flexible
`material, and each has a pair of loops 35 formed on opposite
`ends of a central section 36, with loops 35 having a configu(cid:173)
`ration that receives lace 32. In addition, upper 30 includes a
`heel counter 34 that extends around heel region 13 and limits
`movement of the heel. A wide variety of other lace engaging
`elements and/or other footwear securing systems may be 50
`provided, if desired.
`
`Textile Elements
`The void in this example footwear structure 10 is primarily
`defined by a lateral textile element 40, a medial textile ele(cid:173)
`ment 50, and a central textile element 60. Lateral textile
`element 40 forms portions of upper 30 corresponding with
`lateral side 14. Medial textile element 50 forms portions of
`upper 30 corresponding with medial side 15. In addition,
`central textile element 60 forms portions of upper 30 extend(cid:173)
`ing under the foot, over forward portions of the foot, and
`around the heel of the foot. Textile elements 40, 50, and 60
`extend around the foot and are the primary elements of foot(cid:173)
`wear 10 that make contact with the foot or a sock worn over
`the foot. In general, and as described in greater detail below,
`upper 30 is substantially assembled by joining edges of textile
`elements 40, 50, and 60 to impart a general shape of the void.
`
`6
`In addition, assembling upper 30 in this example structure 10
`involves incorporating lace 32, lace elements 33, and heel
`counter 34 into footwear 10.
`Textile elements 40, 50, and 60 are depicted as forming
`portions of both an exterior surface and an opposite interior
`surface of footwear 10. In further configurations, textile ele(cid:173)
`ments 40, 50, and 60 may form only the exterior surface or
`only the interior surface ( e.g., as an interior liner or bootie for
`the footwear structure). Textile elements 40, 50, and 60 may
`10 also be located between other footwear elements so as to form
`non-visible or non-exposed portions of footwear 10. In addi(cid:173)
`tion, textile elements 40, 50, and 60 are depicted as extending
`through each ofregions 11-13, but they may be limited to a
`smaller portion of footwear 10.
`Lateral textile element 40 is depicted individually in FIG. 5
`and is formed of unitary (i.e., one-piece) construction through
`a flat knitting process. That is, a flat knitting process is utilized
`to mechanically manipulate one or more yarns in a manner
`that forms an upper edge 41, a lower edge 42, a rear edge 43,
`and four channels 44 in lateral textile element 40. As depicted
`in the cross-section of FIG. 4B, channels 44 are formed from
`two at least partially coextensive layers of the material form(cid:173)
`ing lateral textile element 40, and the two layers are formed of
`unitary (i.e., one piece) construction through the flat knitting
`process. When viewed from the side of footwear 10, as in FIG.
`1, channels 44 are oriented in a substantially vertical direction
`or are angled with respect to a vertical direction.
`Medial textile element 50 is depicted individually in FIG. 6
`and is similar in shape and configuration to lateral textile
`element 40. Accordingly, medial textile element 50 is formed
`of unitary (i.e., one-piece) construction through a flat knitting
`process. That is, a flat knitting process is utilized to mechani(cid:173)
`cally manipulate one or more yarns in a marmer that forms an
`upper edge 51, a lower edge 52, a rear edge 53, and four
`channels 54 in medial textile element 50. As depicted in the
`cross-section of FIG. 4B, channels 54 are formed from two at
`least partially coextensive layers of the material forming
`medial textile element 50, and the two layers are formed of
`unitary (i.e., one piece) construction through the flat knitting
`process. When viewed from the side of footwear 10, as in FIG.
`2, channels 54 are oriented in a substantially vertical direction
`or are angled with respect to the vertical direction. Charmels
`54 are, therefore, similar in configuration and orientation to
`45 channels 44 oflateral textile element 40.
`Central textile element 60 is depicted individually in FIG.
`7 and includes a forward portion 61, a center portion 62, and
`a rearward portion 63 formed of unitary (i.e., one piece)
`construction. Forward portion 61 is primarily located in a
`throat area of footwear 10 (i.e., under lace 32) and has an
`elongate configuration defined by a lateral edge 64a and a
`medial edge 64b. As depicted in FIG. 3, and as described in
`greater detail below, at least a portion of lateral edge 64a is
`joined to lateral textile element 40 and at least a portion of
`55 medial edge 64b is joined to medial textile element 50. Center
`portion 62 is primarily located adjacent sole structure 20 (i.e.,
`in an area extending under the foot) to form a lower portion of
`the void within upper 30. Center portion 62 has a shape that
`approximates a shape of the foot and is defined by a lateral
`60 edge 65a and a medial edge 65b. As described in greater detail
`below, lateral edge 65a is joined to lateral textile element 40
`and medial edge 65b is joined to medial textile element 50.
`Rearward portion 63 is primarily located in heel region 13 and
`has a generally Y-shaped configuration defined by a lateral
`65 edge 66a, a medial edge 66b, and an ankle edge 66c. As
`described in greater detail below, lateral edge 66a is joined to
`lateral textile element 40, medial edge 66b is joined to medial
`
`Skechers EX1029-p.22
`Skechers v Nike
`
`

`

`7
`textile element 50, and ankle edge 66c forms a portion of an
`upper edge of ankle opening 31.
`
`US 7,774,956 B2
`
`8
`unraveling. Also this feature reduces waste and saves time
`and money in the manufacturing process.
`The yarn forming textile elements 40, 50, and 60 may
`include cotton and wool fibers, natural filaments such as silk,
`5 and synthetic filaments that include rayon, nylon, polyester,
`and acrylic. Other materials also may be used without depart(cid:173)
`ing from this invention. The yarn may be a mono filament yam
`or a plurality of individual filaments. The yam may also be
`formed of separate filaments formed of different materials, or
`10 the yarn may be formed of filaments that are each formed of
`two or more different materials. Similar concepts also apply
`to yams formed from fibers. In order to provide the stretch and
`recovery properties to upper 30, and particularly textile ele(cid:173)
`ments 40, 50, and 60, a yam that incorporates an elastane fiber
`15 may be utilized. Elastane fibers are available from E.I. duPont
`de Nemours Company under the LYCRA® trademark. Such
`fibers may have the configuration of covered LYCRA®,
`wherein the fiber includes a LYCRA® core that is surrounded
`by a nylon sheath. One suitable yarn, for example, includes a
`70 denier elastane core that is covered with nylon having a 2
`ply, 80 denier, 92 filament structure. Other fibers or filaments
`exhibiting elastic properties may also be utilized.
`The characteristics of the yarn selected for textile elements
`40, 50, and 60 depend primarily upon the materials that form
`the various filaments and fibers. Cotton, for example, pro(cid:173)
`vides a soft hand, natural aesthetics, and biodegradability.
`Elastane fibers, as discussed above, provide substantial
`stretch and recoverability. Rayon provides drape and mois-
`ture absorption. Wool also provides high moisture absorption,
`in addition to insulating properties. Polytetrafluoroethylene
`coatings may provide a low friction contact between the tex(cid:173)
`tile and the skin. Nylon is a durable and abrasion-resistant
`material with high strength, and polyester is a hydrophobic
`material that dries quickly and also provides relatively high
`35 durability. The flat filaments of nylon/polyester may provide
`luster whereas textured filaments may provide bulk and a
`matte luster. Accordingly, the materials comprising the yarn
`may be selected to impart a variety of physical properties to
`textile elements 40, 50, and 60, and the physical properties
`40 may include, for example, strength, stretch, support, stiffne

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