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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`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
`
`12/22/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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):
`docket01 @nkllaw.com
`docket02 @nkllaw.com
`skim @nkllaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/272,612
`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 STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 12/5/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) 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)(2) 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.
`
`Disposition of Claims*
`19-33 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 19-33 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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://www.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)7) 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)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231216
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventor to file provisions of the AIA.
`
`Response to Amendment
`
`2.
`
`Applicant’s amendmentfiled on 12/5/2023 has been received; Claims 19-33 are
`
`pending.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basisfor all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effectivefiling 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
`
`under 35 U.S.C. 103 are summarized asfollows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences betweenthe prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinentart.
`
`4. Considering objective evidence presentin the application indicating
`
`obviousness or nonobviousness.
`
`5.
`
`Claims 19-25 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Compte (USPN 3,006,084) in view of Ludemann (US 2013/0133229).
`
`Regarding Claim 19, Compte discloses shoes (Figures 1-5) comprising: a
`
`first body portion (1%, see annotated Figure 1 below) in which a portion of a front
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 3
`
`foot portion of a weareris positioned (Figure 1); a second body portion (2", see
`
`annotated Figure 1 below) connectedto thefirst body portion (Figure 1) and in
`
`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
`
`protrusion (15) protruding from an inner surface and extending in a direction in
`
`which the second body portion extends (Figure 1), wherein a protruding
`
`thickness of each protrusion of the at least one protrusion decreases from an
`
`upperportion toward the first body portion (decreases, see annotated Figure 1A
`
`below). Compte doesnotspecifically disclose a cover seamlessly connected to
`
`the second body portion and protruding in an outward direction from both edge
`
`portions. Ludemann discloses a cover (Para. 22) seamlessly connected to a
`
`second body portion and protruding in an outward direction from both edge
`
`portions (Figure 4). It would have been obvious to one ofordinary skill in the art
`
`to include a cover and thus a shoe made oflayers, as taught by Ludemann, in
`
`order to provide a lightweight and insulative shoe.
`
`Regarding Claim 20, Compte discloses whenthe at least one protrusion
`
`comprises a plurality of protrusions spaced apart from each other across the
`
`inner surface of the cover (Figures 1-5).
`
`Regarding Claim 21, Compte discloses a discharge passage (passage,
`
`see annotated Figures 2 & 3 below) located between two adjacent protrusions to
`
`discharge sweator odor inside the shoes (Col. 2, lines 6-25).
`
`Regarding Claim 22, Compte does not specifically disclose a width of the
`
`discharge passage is 0.5 cm to 3.cm.
`
`It, however, would have been obvious to
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 4
`
`one having ordinary skill in the art at the time the invention was madeto
`
`experimentwith different ranges of width for the passagesin order to achieve an
`
`optimal configuration for ventilating purposes, since discovering the optimum or
`
`workable rangesof the width involvesonly routine skill in the art.
`
`Regarding Claim 23, Compte discloses protrusion heights of different
`
`protrusions located at the same level are the same or different (Figures 1-3).
`
`Regarding Claim 24, Compte discloses whenthe protrusion heights of the
`
`different protrusions located at the same level are different from each other, the
`
`protrusion height increases from the edge portion of the cover toward the center
`
`(Figures 1-3).
`
`Regarding Claim 25, Compte discloses extending lengths of two adjacent
`
`protrusions are the same or different (Figures 1-3).
`
`
`
`
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`
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`

`

`Page 5
`
`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`
`
`Claim Rejections - 35 USC § 102
`
`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:
`
`A personshall be entitled to a patent unless —
`
`(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
`
`first body portion (18, see annotated Figure 1A below) in which a portion of a
`
`front foot portion of a weareris positioned (Figure 1A); a second bodyportion
`
`(2"¢, see annotated Figure 1A below) connectedto the first body portion and in
`
`which the other remaining portion of the front foot portion, a middle foot portion,
`
`and a rearfoot portion of the wearer can be positioned (Figure 1A); a cover(Col.
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 6
`
`15, lines 1-29 & Col. 16, line 47- Col. 17, line 16) seamlessly connected to the
`
`second body portion and protruding in an outward direction from both edge
`
`portions (Figure 4G); at least one protrusion (38a & b, Figure 2c) protruding from
`
`an inner surface of the cover (Col. 15, lines 1-29 & Col. 16, line 47- Col. 17, line
`
`16) and extending in a direction in which the second bodyportion extends
`
`(Figures 1 & 2), wherein a protruding thickness of each protrusion of the at least
`
`one protrusion decreases from an upper portion toward the first body portion
`
`(decreases, see annotated Figure 2D below & Figures 2A-E).
`
`Regarding Claim 26, Vattes discloses a shape support portion (26) located
`
`between an edge portion of the cover and an edge portion of the second body
`
`portion adjacent to the edgeportion of the cover (Figures 1A & B) and having a
`
`thickness greater than those of the cover and the second bodyportion (Figures
`
`1B & 2F).
`
`Regarding Claim 27, Vattes discloses the shape support portion includes:
`
`a main body (26) located between the edge portion of the second bodyportion
`
`and the edgeportion of the cover adjacent to each other and facing each other
`
`(Figures 1A & B); and a support protrusion (Figures 2F-G) protruding from an
`
`inner surface of the main body (Figure 1-2).
`
`Regarding Claim 28, Vattes discloses a width of the main bodyis different
`
`depending on a position (Figures 2F-G).
`
`Regarding Claim 29, Vattes discloses the width of the main body
`
`increasesin a direction from an upper end of the main body toward a crutch
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 7
`
`portion in which talus of the wearer's foot is located and in a direction from a
`
`lower end of the main bodyto the crutch portion of the wearer (Figures 1-2).
`
`Regarding Claim 30, Vattes discloses a thickness of the support
`
`protrusion increases from an edge portion connected to the second body portion
`
`toward the cover(Figure 2G).
`
`Regarding Claim 31, Vattes discloses the shape support portion further
`
`includes an extension portion (extension, see annotated Figure 2F below)
`
`extending in a direction intersecting the support protrusion from a lower end of
`
`the support protrusion (Figures 1 & 2F).
`
`Regarding Claim 32, Vattes discloses a height of an outer surface of the
`
`extension portion is higher than a height of outer surfaces of the adjacentfirst
`
`and second body portions (Figures 1-2).
`
`Regarding Claim 33, Vattes discloses an arrest protrusion (18) located on
`
`a rear outer surface of the second bodyportion.
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 8
`
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`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 9
`
`eo
`LES
`
`
` =
`
`Responseto Arguments
`
`8.
`
`Applicant’s arguments with respect to the amended claims have beenfully
`
`considered but are mootin view of the new groundsof rejection as discussed supra.
`
`Conclusion
`
`9.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
`
`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 10
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however,will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`10.=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:/Avwww.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 numberfor
`
`the organization wherethis 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 Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
`
`(toll-free). If you would like assistance from a USPTO CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`

`

`Application/Control Number: 17/272,612
`Art Unit: 3732
`
`Page 11
`
`/KATHARINE G KANE/
`Primary Examiner, Art Unit 3732
`
`