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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/272,612
`
`05/25/2021
`
`Sang Ok JEONG
`
`PL5924482
`
`1005
`
`NOVICK, KIM & LEE, PLLC, dba NKL Law
`3251 Blenheim Blvd.
`SUITE 500
`FAIRFAX, VA 22030
`
`KANE, KATHARINE GRACZ
`
`3732
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/05/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`docket0O1 @nkllaw.com
`docket02 @nkllaw.com
`skim @ nkllaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`19-33 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-33 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[VM. Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230530
`
`Application No.
`Applicant(s)
`47/272,612
`JEONG etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KATHARINE KANE
`3732
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 3/29/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`2.
`
`Claims 19-33 are being treated on the merits.
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`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousnessrejections setforth 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, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious beforethe 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.
`
`4.
`
`The factual inquiries for establishing a background for determining obviousness
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`under 35 U.S.C. 103 are summarized asfollows:
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`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.
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`4. Considering objective evidence presentin the application indicating
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`obviousness or nonobviousness.
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`5.
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`Claims 19-25 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Compte (USPN 3,006,084) in view of Ludemann (US 2013/0133229).
`
`Regarding Claim 19, Compte discloses shoes (Figures 1-5) comprising: a
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`first body portion (15', see annotated Figure 1 below) in which a portion of a front
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`foot portion of a weareris positioned (Figure 1); a second body portion (2"?, see
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`annotated Figure 1 below) connectedto the first body portion (Figure 1) and in
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`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 3
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`which the other remaining portion of the front foot portion, a middle foot portion,
`
`and a rear foot portion of the wearer are positioned (Figure 1); at least one
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`protrusion (15) protruding from an inner surface and extending in a direction in
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`which the second body portion extends (Figure 1), wherein a protruding
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`thickness of each protrusion decreases from an upper portion towardthe first
`
`body portion (Figures 1-3). Compte does notspecifically disclose a cover
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`seamlessly connected to the second body portion and protruding in an outward
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`direction from both edge portions. Ludemann discloses a cover (Para. 22)
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`seamlessly connected to a second body portion and protruding in an outward
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`direction from both edge portions (Figure 4). It would have been obvious to one
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`of ordinaryskill in the art to include a cover and thus a shoe madeoflayers, as
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`taught by Ludemann, in order to provide a lightweight and insulative shoe.
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`Regarding Claim 20, Compte discloses when the protrusion is providedin
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`plurality, the plurality of protrusions are spaced apart from each other across the
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`inner surface of the cover (Figures 1-5).
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`Regarding Claim 21, Compte discloses a discharge passage (passage,
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`see annotated Figures 2 & 3 below) located between two adjacent protrusions to
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`discharge sweator odor inside the shoes (Col. 2, lines 6-25).
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`Regarding Claim 22, Compte does not specifically disclose a width of the
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`discharge passage is 0.5 cm to 3.cm.
`
`It, however, would have been obvious to
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`one having ordinary skill in the art at the time the invention was madeto
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`experiment with different ranges of width for the passages in order to achieve an
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`

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`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 4
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`optimal configuration for ventilating purposes, since discovering the optimum or
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`workable ranges of the width involves only routine skill in the art.
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`Regarding Claim 23, Compte discloses protrusion heights of different
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`protrusions located at the same level are the same or different (Figures 1-3).
`
`Regarding Claim 24, Compte discloses when the protrusion heights of the
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`different protrusions located at the same level are different from each other, the
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`protrusion height increases from the edge portion of the cover toward the center
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`(Figures 1-3).
`
`Regarding Claim 25, Compte discloses extending lengths of two adjacent
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`protrusions are the same or different (Figures 1-3).
`
`
`
`
`a
`
`ST
`u AEEAssww™
`QEaxeSF
`2s
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`Claim Rejections - 35 USC § 102
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`6.
`
`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 madein this Office action:
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`A person shall be entitled to a patent unless —
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`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 5
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale, or otherwise available to the public before the effectivefiling date of the claimed
`invention.
`
`7.
`
`Claims 19 & 26-33 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Vattes (USPN 8,146,266).
`
`Regarding Claim 19, Vattes discloses shoes (Figures 1-2) comprising: a
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`first body portion (15', see annotated Figure 1A below) in which a portion of a
`
`front foot portion of a wearer is positioned (Figure 1A); a second bodyportion
`
`(2"¢, see annotated Figure 1A below) connectedto the first body portion andin
`
`which the other remaining portion of the front foot portion, a middle foot portion,
`
`and a rear foot portion of the wearer are positioned (Figure 1A); a cover (Col. 15,
`
`lines 1-29 & Col. 16, line 47- Col. 17, line 16) seamlessly connected to the
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`second body portion and protruding in an outwarddirection from both edge
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`portions (Figure 4G); at least one protrusion (38a & b, Figure 2c) protruding from
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`an inner surface of the cover (Col. 15, lines 1-29 & Col. 16, line 47- Col. 17, line
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`16) and extending in a direction in which the second body portion extends
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`(Figures 1 & 2), wherein a protruding thickness of each protrusion decreases
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`from an upper portion towardthe first body portion (Figures 2A-E).
`
`Regarding Claim 26, Vattes discloses a shape support portion (26) located
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`between an edge portion of the cover and an edge portion of the second body
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`portion adjacent to the edge portion of the cover (Figures 1A & B) and having a
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`thickness greater than those of the cover and the second body portion (Figures
`
`1B & 2F).
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`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 6
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`Regarding Claim 27, Vattes discloses the shape support portion includes:
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`a main body (26) located between the edge portion of the second bodyportion
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`and the edge portion of the cover adjacent to each other and facing each other
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`(Figures 1A & B); and a support protrusion (Figures 2F-G) protruding from an
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`inner surface of the main body (Figure 1-2).
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`Regarding Claim 28, Vattes discloses a width of the main bodyis different
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`depending on a position (Figures 2F-G).
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`Regarding Claim 29, Vattes discloses the width of the main body
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`increases in a direction from an upper end of the main body toward a crutch
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`portion in which talus of the wearer's foot is located and in a direction from a
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`lower end of the main bodyto the crutch portion of the wearer (Figures 1-2).
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`Regarding Claim 30, Vattes discloses a thickness of the support
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`protrusion increases from an edge portion connected to the second bodyportion
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`toward the cover (Figure 2G).
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`Regarding Claim 31, Vattes discloses the shape support portion further
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`includes an extension portion (extension, see annotated Figure 2F below)
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`extending in a direction intersecting the support protrusion from a lower end of
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`the support protrusion (Figures 1 & 2F).
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`Regarding Claim 32, Vattes discloses a height of an outer surface of the
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`extension portion is higher than a height of outer surfaces of the adjacent first
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`and second body portions (Figures 1-2).
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`Regarding Claim 33, Vattes discloses an arrest protrusion (18)
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`located on
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`a rear outer surface of the second bodyportion.
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`

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`Page 7
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`Application/Control Number: 17/272,612
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`Art Unit: 3732
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`FIG. 2F
`
`fa
`‘ Rn 7 ¥
`
`»
`RARER
`SERRA
`
`Conclusion
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`8.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
`
`
`

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`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 8
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`9.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KATHARINE KANE whosetelephone number is
`
`(571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, KHOA HUYNH canbe reached on 571-272-4888. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is
`
`available to registered users. To file and manage patent submissions in Patent Center,
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`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
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`center for more information about Patent Center and
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`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
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`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
`
`(toll-free). If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/KATHARINE G KANE/
`Primary Examiner, Art Unit 3732
`
`