Prior art — US Patent 10327511

Here's an analysis of the most relevant prior art for US patent 10327511, based on the provided patent text and focusing on potential anticipation under 35 U.S.C. § 102.

US Patent 10327511: Shoe having knit wingtip upper

Publication Date: 2019-06-25
Filing Date: 2016-07-08
Assignee: Cole Haan LLC
Abstract: A shoe includes a knit upper and a sole secured to the upper. The knit upper has a wingtip pattern knit into the knit upper.

Prior Art Analysis

1. US2312078A

Full Citation: US2312078A - Shoe upper
Publication Date: 1943-02-23 (Priority Date: 1940-10-09)
Brief Description: This patent describes a shoe upper, specifically focusing on a method for making a shoe upper with an ornamental pattern. It involves a textile material with perforations (broguing) and the use of reinforcing layers.
Potential Anticipated Claim(s):
- Claims 1, 17, 20, 21 (in part): This patent potentially anticipates the general concept of a shoe upper with broguing or a patterned design, as well as the ornamental appearance. However, it does not describe a knit upper of unitary one-piece construction with seamlessly knitted regions or different knit structures explicitly, nor the specific method of knitting the broguing as holes directly during the knitting process. Its relevance is primarily for the ornamental aspect of a wingtip-style shoe with perforations.

2. USD293386S

Full Citation: USD293386S - Shoe upper
Publication Date: 1987-12-29 (Priority Date: 1986-04-04)
Brief Description: This is a design patent for a shoe upper, showing an ornamental design for a shoe upper. It visually depicts a wingtip-like pattern with perforations.
Potential Anticipated Claim(s):
- Claims 1, 17: As a design patent, it primarily anticipates the ornamental appearance of a shoe upper having a wingtip pattern with broguing. It does not disclose structural or manufacturing details like a knit, unitary, one-piece construction, seamless knitting of regions, or different knit structures, which are central to US10327511's utility claims.

3. USD394739S

Full Citation: USD394739S - Shoe upper
Publication Date: 1998-06-02 (Priority Date: 1997-04-15)
Brief Description: This is a design patent for a shoe upper, presenting an ornamental design for a shoe upper with a wingtip-like structure and potential perforations.
Potential Anticipated Claim(s):
- Claims 1, 17: Similar to USD293386S, this design patent is relevant for the ornamental design of a shoe upper incorporating a wingtip pattern and broguing. It lacks disclosure of the functional and structural features of the knit upper in US10327511.

4. USD401398S

Full Citation: USD401398S - Shoe upper
Publication Date: 1998-11-24 (Priority Date: 1997-10-28)
Brief Description: This is a design patent for a shoe upper, showing another ornamental design for a shoe upper that includes design elements resembling a wingtip pattern.
Potential Anticipated Claim(s):
- Claims 1, 17: Again, as a design patent, it anticipates the visual aesthetic of a shoe upper with a wingtip-like pattern. It does not provide the technical details regarding the knit construction, seamless regions, or different knit structures as claimed in US10327511.

5. US6910288B2

Full Citation: US6910288B2 - Footwear incorporating a textile with fusible filaments and fibers
Publication Date: 2005-06-28 (Priority Date: 2002-12-18)
Brief Description: This patent describes footwear uppers made from textile materials that include fusible filaments or fibers (hot melt yarn) to enhance shape retention, support, and durability.
Potential Anticipated Claim(s):
- Claims 7, 8, 9, 10, 11, 12, 13, 14, 22, 23: This patent is highly relevant as it teaches the use of hot melt yarn in footwear textiles for structural integrity and shaping. It specifically anticipates claims related to the composition of the knitted element including hot melt yarn and other yarns (e.g., covered spandex, polyester), their proportions, linear densities, and the method of applying heat to affix the hot melt yarn for shaping (e.g., step 106 and 108 in US10327511's method claims). While it may not disclose a unitary one-piece knit upper with a wingtip pattern or broguing, it anticipates the material composition and heat-setting process.

6. US7347011B2

Full Citation: US7347011B2 - Article of footwear having a textile upper
Publication Date: 2008-03-25 (Priority Date: 2004-03-03)
Brief Description: This patent describes an article of footwear with a textile upper, where the textile element can be formed through knitting, weaving, or braiding. It mentions that different areas of the upper can have different material characteristics (e.g., stretch, strength, breathability).
Potential Anticipated Claim(s):
- Claims 4, 5, 6, 15, 16, 17, 18, 19, 20, 21 (in part): This patent potentially anticipates the concept of a knit upper having different types of knit structures in different areas to achieve varying properties. While it doesn't specify a "wingtip pattern" or "broguing" or "unitary one-piece seamless construction" in the same detail as US10327511, it lays groundwork for a knit upper with differentiated structural areas. For example, the use of a first area of a first knit type and a second area of a second knit type (e.g., jersey and pointelle) could be considered anticipated in principle.

7. US20120255201A1

Full Citation: US20120255201A1 - Seamless upper for footwear and method for making the same
Publication Date: 2012-10-11 (Filing Date: 2011-04-08)
Brief Description: This application discloses a seamless upper for footwear, manufactured using a knitting machine. It describes knitting various regions (e.g., toe, vamp, heel) together to form a seamless upper, including different knit patterns for aesthetic and functional purposes.
Potential Anticipated Claim(s):
- Claims 1, 17, 20, 21 (in part): This document is highly relevant as it describes a seamless and knit upper constructed in a unitary one-piece manner on a knitting machine, with various regions (heel, midfoot, metatarsal, ball, toe) seamlessly knitted together. This directly anticipates a significant portion of the structural claims in US10327511. However, it does not explicitly describe a "wingtip pattern" or "broguing as a line of holes" or the specific arrangement of different knit structures defining those patterns as found in US10327511.

8. KR101367445B1

Full Citation: KR101367445B1 - Upper of shoes
Publication Date: 2014-02-25 (Priority Date: 2013-07-10)
Brief Description: This patent describes a shoe upper, likely focusing on construction or material. Specific details are limited without the full text in English, but the title suggests a general shoe upper.
Potential Anticipated Claim(s):
- Without further details on the content of KR101367445B1, it's difficult to determine specific anticipation beyond the general concept of a "shoe upper." It would need to be reviewed for disclosures related to one-piece knit construction, seamless regions, wingtip patterns, broguing, or different knit structures.

9. US20140310985A1

Full Citation: US20140310985A1 - Shoe adapted to the shape of the foot
Publication Date: 2014-10-23 (Filing Date: 2013-04-19)
Brief Description: This application describes a shoe with an upper that is adapted to the shape of the foot, potentially through the use of knitted materials that conform or stretch. It focuses on knitted uppers and their properties.
Potential Anticipated Claim(s):
- Claims 1, 17, 20, 21 (in part): This reference contributes to the anticipation of a knit upper and its ability to conform to the foot. Similar to US20120255201A1, it strengthens the general concept of knit footwear uppers but may not specifically disclose the intricate wingtip patterns, broguing, or precise differentiation of knit structures as claimed in US10327511.

10. US20150342285A1

Full Citation: US20150342285A1 - Method Of Making An Article Of Footwear Including Knitting A Knitted Component Of Warp Knit Construction Forming A Seamless Bootie With Tucked-In Portion
Publication Date: 2015-12-03 (Filing Date: 2014-05-30)
Brief Description: This application describes a method of making footwear by knitting a seamless bootie (upper component) using warp knit construction.
Potential Anticipated Claim(s):
- Claims 1, 17, 20, 21 (in part): This reference is very relevant to the method claims (20, 21) and apparatus claims (1, 17) regarding the unitary one-piece seamless knitted construction of a shoe upper. The emphasis on "seamless bootie" directly relates to the seamless knitting of various regions. Similar to US20120255201A1, its main contribution to anticipation would be the core knitting process for a seamless upper, rather than the specific ornamental patterns or knit structure differentiations for broguing.

Most Relevant Prior Art Summary:

Based on the analysis, the most relevant prior art documents for US10327511 appear to be:

US20120255201A1 (Seamless upper for footwear and method for making the same) and US20150342285A1 (Method Of Making An Article Of Footwear Including Knitting A Knitted Component Of Warp Knit Construction Forming A Seamless Bootie With Tucked-In Portion): These two documents are highly relevant for anticipating the core concept of a unitary one-piece knit upper with seamlessly knitted regions using a knitting machine. They establish the prior art for the fundamental construction method of knit uppers for footwear.
US6910288B2 (Footwear incorporating a textile with fusible filaments and fibers): This patent is critical for anticipating the material composition, specifically the use of hot melt yarn in a knit textile for a shoe upper, and the heat-setting process to achieve shape retention. This directly addresses claims 7-14 and 22-23 of US10327511.
US7347011B2 (Article of footwear having a textile upper): This patent is relevant for anticipating the idea of differentiating knit structures in various areas of a textile upper to achieve different functional or aesthetic properties (e.g., stretch, breathability, durability). This is relevant to claims 4, 5, 6, 15, 16, 17, 18, 19, 20, and 21.

The combination of a seamless knit upper with different knit structures and the use of hot melt yarn appear to be individually disclosed in the prior art. The distinguishing features of US10327511 would then likely reside in the specific integration of the wingtip pattern and broguing (line of holes) directly into the seamless knit, and the precise arrangement of different knit structures adjacent to the broguing to form that pattern, which is not explicitly and fully detailed in the cited prior art. The design patents (USD293386S, USD394739S, USD401398S) show the ornamental wingtip and broguing, but not in a unitary, seamlessly knitted structure with functional knit differentiation.