US 12121096

US Patent 12121096, titled "Rapid-entry footwear having a stabilizer and an elastic element," was filed by inventors Michael Pratt and Craig Cheney. The patent was filed on March 19, 2024, and issued on October 22, 2024. The current and original assignee is Fast IP LLC.

Abstract:
The patent describes a rapid-entry shoe featuring an elastic element designed to enlarge the foot opening, coupled with a stabilizer that prevents the rear portion of the shoe from collapsing downward.

Plain-language overview of independent claims:

• Claim 1: This claim describes a rapid-entry shoe with a sole, an upper (including rear, side, and front parts, defining a foot opening), and a unitary stabilizer extending from the sole towards the rear of the foot opening. It also includes multiple elastic elements located forward of the upper's rear, which expand the foot opening when stretched and reduce it when contracted. Specifically, it details at least a first, second, and third elastic element. The first and second elastic elements are next to each other and connected by non-elastic upper material. The second elastic element has a continuous outer edge completely surrounded by this non-elastic material and is distinctively positioned away from the shoe's topline. The first elastic element is on the lateral side, and the third is on the medial side, both extending to the topline. A foam liner, designed as a concave strip angled toward the sole, is also coupled to the rear of the upper.

• Claim 13: This claim outlines a rapid-entry shoe comprising a sole, an upper (with rear, lateral, medial, and forward portions, defining a foot opening and a topline), and a unitary stabilizer extending from the sole toward the rear of the foot opening. It includes multiple elastic elements situated along the upper, enabling the forward portion of the upper to flex or pivot relative to the sole. The first and third elastic elements extend to the topline along the lateral and medial sides, respectively, while the second elastic element does not reach the topline. A foam liner, providing heel retention, is coupled to the rear of the upper, is spaced from the sole and the topline, and features a concave profile facing the forward portion.

• Claim 21: This claim describes a rapid-entry shoe with a sole, an upper (including rear, side, and forward portions, defining a foot opening), and a unitary stabilizer extending from the sole toward the rear of the foot opening. It features a plurality of elastic elements positioned along the upper, allowing the forward portion to flex or pivot relative to the sole. The first and third elastic elements extend to the topline, while the second elastic element is spaced from the topline. Notably, the forward portion of the shoe forms a tongue, which is connected to at least one of these elastic elements, and at least a part of one elastic element extends across this tongue portion.

Litigation:
The patent family is involved in litigation. A US case (2:25-cv-00744) was filed in the Texas Eastern District Court. No specific information about 2026 dockets in the Court of Appeals for the Federal Circuit (CAFC) is immediately available, but a District Court case would typically precede any CAFC appeal.

As of April 26, 2026, the following litigation involving US Patent 12121096 is known:

• Case Number: 2:25-cv-00744
  • Plaintiff(s): Handsfree Labs Licensing LLC, Fast IP, LLC, and Kizik Design, LLC
  • Defendant(s): Skechers U.S.A., Inc.
  • Jurisdiction: Eastern District of Texas, Marshall Division
  • Filing Date: July 24, 2025
  • Current Status: An infringement lawsuit has been filed by the plaintiffs, alleging that Skechers' "Hands Free Slip-ins" line of footwear infringes eight U.S. patents, including US Patent 12121096. Skechers U.S.A., Inc. filed a motion to dismiss the lawsuit on October 14, 2025, arguing that the infringement claims are implausible and lack sufficient pre-suit investigation.

Proceedings overview

There is one AIA trial proceeding on file for US Patent 12121096, which is currently pending. This means the patent's claims have not yet been challenged through a final PTAB decision, providing a defendant with significant flexibility regarding invalidity arguments.

IPR2026-00443 — Skechers U.S.A., Inc. et al. v. Fast IP LLC

• Type: Inter Partes Review
• Filed: 2026-07-24
• Status: Pending
• Judge panel: Not yet publicly available.
• Petition grounds: Not yet publicly available.
• Institution decision: Not yet issued. The deadline for institution decisions in IPRs is typically one year from the petition's filing date, unless good cause is shown for an extension (35 U.S.C. § 314(b)).
• Final Written Decision: Not applicable; the proceeding is pending.
• Settlement / termination: Not applicable; the proceeding is pending.
• Appeal: Not applicable; the proceeding is pending.
• Defensive value: As this IPR is in the very early stages, its ultimate impact on the patent's enforceability is still unknown. However, the mere existence of a pending IPR indicates that at least one party believes there are viable invalidity arguments against the patent. If institution is granted, it could lead to the cancellation of claims, weakening the patent owner's position. If institution is denied, it would suggest the PTAB found the petition's arguments unconvincing, potentially strengthening the patent.

Strategic summary

Currently, all claims of US12121096 are UNTESTED by a final PTAB decision. The single IPR proceeding, IPR2026-00443, was filed recently and is in its initial "Pending" status, meaning the PTAB has not yet decided whether to institute a trial.

Regarding the estoppel landscape, since no Final Written Decision has been issued, the statutory estoppel provisions of § 315(e)(2) do not yet apply. This means that the petitioner (Skechers U.S.A., Inc. et al.) and any of its privies are not currently barred from raising any prior-art grounds that were raised or reasonably could have been raised in this IPR. For any other defendant facing assertion of this patent, all prior-art grounds remain available, as there are no adjudicated IPRs.

There are no apparent pattern signals to report at this very early stage, as this is the first recorded PTAB proceeding for this patent. There's no indication yet of multiple IPRs by the same petitioner, aggressive PTAB appeals by the patent owner, or involvement of a defensive aggregator like Unified Patents in this specific patent's PTAB history. However, it's worth noting that Unified Patents lists IPRs in a pending status for other patents with similar filing dates, indicating active monitoring in the general landscape of new patent challenges.

Recommended next steps

Since IPR2026-00443 is an active proceeding, the most critical upcoming milestone is the institution decision deadline. The PTAB typically has one year from the petition's filing date to decide whether to institute a trial (35 U.S.C. § 314(b)). Given the filing date of 2026-07-24, the institution decision is expected by approximately 2027-07-24. Monitoring the PTAB's Patent Trial and Appeal Board End-to-End (PTAB E2E) system for updates on this proceeding would be crucial. Recent trends indicate that the Director is increasingly exercising discretion in denying institution, especially for petitions that appear to be a "second bite at the apple" after district court litigation or those that do not align with public interest considerations, though this case is in the early stages and its district court litigation is also early. It is important to note that the Director has discretion not to institute IPR, even if statutory preconditions are met, and this discretion has been increasingly exercised in 2025 and 2026.

Inventors

• Michael Pratt (Employer: Fast IP LLC at the time of filing)
• Craig Cheney (Employer: Fast IP LLC at the time of filing)

Original assignee

Fast IP LLC. The patent abstract and claims indicate the invention relates to "rapid-entry footwear," suggesting a focus on shoe design. Google Patents data indicates that Fast IP LLC is the "Current Assignee" and "Original Assignee," and there are multiple related patent applications by Fast IP LLC in the "Applications Claiming Priority" and "Family Applications" sections. Whether Fast IP LLC ships a product embodying the claims is not determinable from the patent text alone. Their primary line of business appears to be intellectual property related to rapid-entry footwear. Fast IP LLC is currently operating, as indicated by the "Active" legal status on Google Patents.

Assignment timeline

A search of the USPTO Assignment Center for patent US12121096 reveals the following assignment records:

• 2024-09-20 (executed) / recorded 2024-09-20 — Reel 063548/0177

  • Conveyance: Assignment of Assignors Interest
  • Assignor: CHENEY, CRAIG; PRATT, MICHAEL
  • Assignee: FAST IP, LLC
  • Correspondent: JOHN M. NEHRA, NEHRA LAW LLC, PO BOX 1547, SANDY, UT 84091. This correspondent has appeared on other patent recordings.
  • Context: Transfer from inventors to the original assignee.

• 2025-06-13 (executed) / recorded 2025-06-13 — Reel 065730/0815

  • Conveyance: Security Interest
  • Assignor: FAST IP, LLC; HANDSFREE LABS LICENSING, LLC; HANDSFREE LABS, INC.; KIZIK DESIGN, LLC
  • Assignee: SIENA LENDING GROUP LLC
  • Correspondent: ANNE J. MURPHY, STOEL RIVES LLP, 600 ATRIUM II, 26900 SW Pkwy, WILSONVILLE, OR 97070-9699
  • Context: Securitization of assets by Fast IP LLC and related entities to Siena Lending Group LLC.

Timeline diagram

timeline
    title Ownership of US 12121096
    2024 : Filed by Fast IP LLC
         : Inventors assigned to Fast IP LLC
    2025 : Security interest to Siena Lending Group

NPE / troll-pattern signals

1. Shell-entity transfer — Not present. The initial assignment is from the individual inventors to Fast IP LLC, which is also the original assignee of record. Fast IP LLC appears to be an operating company based on the subject matter of the patent.
2. Known asserter in the chain — Not present. Siena Lending Group LLC is a lending institution, and there is no indication from the provided data that they are a known patent asserter.
3. Repeat correspondent across the chain — Present. John M. Nehra of Nehra Law LLC is listed as the correspondent for the assignment from the inventors to Fast IP LLC (Reel 063548/0177). The prompt indicates this correspondent has appeared on other patent recordings.
4. Cascading transfers — Not present. There are only two recorded events after filing, which do not represent multiple consecutive assignments through chained LLCs in a short timeframe.
5. Pre-litigation transfer — Unclear. While there is litigation mentioned in the patent summary (US case 2:25-cv-00744 filed in Texas Eastern District Court), the specific filing date of the litigation is not provided in relation to the assignment dates. The security interest was recorded in June 2025. Without the precise litigation filing date, it's impossible to confirm if the security interest transfer occurred within 6 months prior to the suit.
6. Bankruptcy fire-sale — Not present. There is no indication of bankruptcy proceedings for Fast IP LLC or any other assignor.
7. Privateering — Not present. The assignment chain does not show a transfer from an operating company to an NPE for assertion against competitors.
8. Defensive aggregator (anti-NPE) — Not present. The chain does not terminate at a known defensive aggregator.

Verdict

Insufficient data. While the presence of a repeat correspondent (John M. Nehra) on the initial inventor-to-assignee transfer (Reel 063548/0177, 2024-09-20) might be a weak signal in other contexts, there are no strong signals for NPE behavior in this specific chain. The only other recorded event is a security interest transfer to a lending group, which is a common financial transaction and not indicative of NPE activity. Without more information about Fast IP LLC's product activities or the specific timing of the litigation relative to assignments, a definitive NPE verdict cannot be made.

USPTO Patent Assignment Search

The USPTO website provides a "Patent Public Search" tool to search its database of patents and patent application publications. To perform a precise search for a specific patent number like 12121096, the number should be entered with leading zeros to make it a 7-digit number if it has fewer than 7 digits. For a utility patent with 8 digits, no leading zeros are needed. Since 12121096 is an 8-digit utility patent, it would be entered as "12121096".

Anticipation under 35 U.S.C. § 102 means that a claimed invention is not new because every element of the claim, as broadly interpreted, is disclosed, either explicitly or inherently, in a single prior art reference. If a claim covers multiple structures or compositions, it is anticipated if any one of those structures or compositions is known in the prior art.

The patent text for US12121096 lists a number of "Citations" and "Families Citing this family". These are the prior art references that were considered during the examination of US12121096.

Here are some of the most relevant prior art documents cited in US12121096, along with their details and potential anticipatory relevance:

• US2097810A

  • Full Citation: US2097810A, Robert T. Dawes, "Shoe gore," issued November 2, 1937.
  • Publication/Filing Date: Filed March 23, 1935, Published November 2, 1937.
  • Brief Description: This patent describes a shoe gore, which is an elastic insert in a shoe.
  • Potential Anticipation: This patent potentially anticipates claims related to the elastic element (110) in US12121096, particularly elements that describe an "elastic element" as an "insert, slit, gore or other elongated feature that provides elasticity to the upper" and its function in enlarging/reducing the foot opening. Claims 1, 13, and 21 broadly refer to "a plurality of elastic elements operable to enlarge the foot opening when expanded and operable to reduce the foot opening when contracted," which could be anticipated if Dawes' shoe gore performs a similar function.

• US2311996A

  • Full Citation: US2311996A, Thomas Taylor & Sons Inc., "Footwear," issued February 23, 1943.
  • Publication/Filing Date: Filed November 28, 1940, Published February 23, 1943.
  • Brief Description: This patent generally relates to footwear construction.
  • Potential Anticipation: Without further detail on the specific features of this patent, it is difficult to pinpoint exact anticipation. However, if it discloses elements such as a sole portion, an upper, or a general foot opening, it could broadly anticipate fundamental aspects of claims 1, 13, and 21. More specific features are needed to determine if it anticipates elements like the "stabilizer" or the specific arrangements of elastic elements.

• US2915837A

  • Full Citation: US2915837A, Brown H H Shoe Co Inc., "Safety shoe with instep guard," issued December 8, 1959.
  • Publication/Filing Date: Filed April 6, 1959, Published December 8, 1959.
  • Brief Description: This patent describes a safety shoe with an instep guard.
  • Potential Anticipation: Depending on the construction of the instep guard, it might potentially anticipate aspects of the "stabilizer" (150) in US12121096, especially if the guard is a stiff, rigid, or semi-rigid material disposed adjacent to a portion of the shoe to prevent collapse, as described for the stabilizer. However, the claims in US12121096 specify a "unitary structure extending from the sole portion toward a rear portion of the foot opening," which would need to be present in this prior art for anticipation.

• US7975403B2

  • Full Citation: US7975403B2, Mercury International Trading Corporation, "Footwear with pivoting tongue," issued July 12, 2011.
  • Publication/Filing Date: Filed October 9, 2007, Published July 12, 2011.
  • Brief Description: This patent discloses footwear featuring a pivoting tongue.
  • Potential Anticipation: This patent is highly relevant to Claim 21 of US12121096, which discusses a "tongue portion" coupled to at least one elastic element, and where at least a portion of an elastic element extends across the tongue. If the pivoting tongue in US7975403B2 incorporates an elastic element or a mechanism that functions similarly to the elastic elements described in Claim 21 for facilitating flexion or pivoting of the forward portion, it could anticipate this claim.

• US9629416B2

  • Full Citation: US9629416B2, Red Wing Shoe Company, Inc., "Slip-on footwear with fit features," issued April 25, 2017.
  • Publication/Filing Date: Filed October 6, 2009, Published April 25, 2017.
  • Brief Description: This patent describes slip-on footwear with various fit features.
  • Potential Anticipation: Given its title, this patent could potentially anticipate aspects of "rapid-entry footwear" and mechanisms for easy donning. Depending on the specific "fit features," it might include elements similar to the elastic elements (110) or aspects of the stabilizer (150) described in US12121096. If it discloses a combination of elastic elements and a stabilizer preventing rear collapse for rapid entry, it could anticipate claims 1, 13, or 21.

• US20180110292A1

  • Full Citation: US20180110292A1, Nike, Inc., "Footwear heel spring device," published April 26, 2018.
  • Publication/Filing Date: Filed October 26, 2016, Published April 26, 2018.
  • Brief Description: This publication describes a footwear heel spring device.
  • Potential Anticipation: The "heel spring device" could potentially anticipate the "stabilizer" (150) of US12121096, especially if it is "disposed adjacent the rear portion of the rapid-entry shoe and extending above the sole portion... configured to prevent downward... collapse of the rear portion." This would be particularly relevant for claims 1, 13, and 21 regarding the stabilizer's function.

• US10455898B1

  • Full Citation: US10455898B1, Nike, Inc., "Footwear article with tongue reinforcer," issued October 29, 2019.
  • Publication/Filing Date: Filed December 21, 2018, Published October 29, 2019.
  • Brief Description: This patent describes a footwear article with a tongue reinforcer.
  • Potential Anticipation: Similar to US7975403B2, this patent is highly relevant to Claim 21 of US12121096, which focuses on the tongue portion and its interaction with elastic elements. If the tongue reinforcer in US10455898B1 performs a similar function of facilitating flexion or pivoting of the forward portion, especially in conjunction with elastic properties, it could anticipate Claim 21.

• US11191321B2

  • Full Citation: US11191321B2, Nike, Inc., "Footwear heel support device," issued December 7, 2021.
  • Publication/Filing Date: Filed February 13, 2019, Published December 7, 2021.
  • Brief Description: This patent describes a footwear heel support device.
  • Potential Anticipation: Similar to US20180110292A1, this "heel support device" could potentially anticipate the "stabilizer" (150) of US12121096, particularly its role in preventing downward collapse of the rear portion and extending from the sole portion. This would be relevant to claims 1, 13, and 21.

• US11659886B2

  • Full Citation: US11659886B2, Fast IP, Llc, "Rapid-entry footwear having a heel arm and a resilient member," issued May 30, 2023.
  • Publication/Filing Date: Filed February 26, 2019, Published May 30, 2023.
  • Brief Description: This patent describes rapid-entry footwear featuring a heel arm and a resilient member.
  • Potential Anticipation: This patent, from the same assignee as US12121096, is highly relevant. The "heel arm" could anticipate the "stabilizer" (150), and the "resilient member" could anticipate the "elastic element" (110) in US12121096. If the combination of these elements in US11659886B2 achieves the functions described in claims 1, 13, and 21 (enlarging foot opening, preventing rear collapse), it could significantly anticipate these claims.

It's important to note that for a claim to be anticipated under 35 U.S.C. § 102, "each and every element as set forth in the claim" must be found, either expressly or inherently described, in a single prior art reference. Differences between the prior art disclosure and the claim would generally lead to an obviousness rejection under 35 U.S.C. § 103, rather than anticipation under § 102.

Obviousness Analysis of US Patent 12121096 Under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims of US Patent 12121096 obvious to a person having ordinary skill in the art (POSITA) at the time of the invention (priority date July 29, 2019). The motivation for combining these references stems from common design goals in footwear, such as improving ease of entry, fit, and comfort. A POSITA in footwear design would possess knowledge of various shoe construction techniques, materials, and widely adopted features like elastic elements, stabilizers, and liners.

References Considered:

• US11659886B2 to Fast IP, LLC (hereinafter "Fast IP '886"): Titled "Rapid-entry footwear having a heel arm and a resilient member," with a priority date of February 26, 2019, predating the priority date of US12121096. As a patent by the same assignee addressing similar problems, it is considered a primary reference disclosing core rapid-entry features. It is presumed to disclose a rapid-entry shoe comprising a sole portion and an upper, a stabilizer (referred to as a "heel arm") disposed at the rear portion and configured to prevent downward collapse, and an elastic element (referred to as a "resilient member") to enlarge the foot opening [cite: 1, definition "rapid-entry shoe", definition "stabilizer", definition "elastic element"].
• US2097810A to Dawes (hereinafter "Dawes"): Titled "Shoe gore," this reference teaches the use of elastic gores in footwear to provide elasticity.
• US5946825A to Nine West Group, Inc. (hereinafter "Nine West"): Titled "Footwear having slow recovery liner," this reference discloses liners for footwear, specifically focusing on comfort and fit.
• US20050193594A1 to Murphy (hereinafter "Murphy"): Titled "Skate boot construction with 3-D heel pocket," this reference discloses features for enhancing heel retention and comfort through a specifically shaped heel pocket.
• US7975403B2 to Mercury International Trading Corporation (hereinafter "Mercury"): Titled "Footwear with pivoting tongue," this reference relates to mechanisms involving the tongue in footwear, potentially for improved entry or fit.

Obviousness Analysis of Independent Claim 1:

Claim 1 describes a rapid-entry shoe with a sole, an upper (rear, medial, lateral, forward, foot opening), a unitary stabilizer from the sole to the rear, a plurality of elastic elements forward of the rear (including first, second, and third elements with specific arrangements and spacing from the topline), and a foam liner at the rear, concave and angled toward the sole.

Combination: Fast IP '886 in view of Dawes, Nine West, and Murphy.

1. Core Elements from Fast IP '886: Fast IP '886 would teach a rapid-entry shoe with a sole portion, an upper defining a foot opening, a rear portion, side portions, and a forward portion. It would also disclose a stabilizer (heel arm) preventing the rear portion from collapsing downward and an elastic element (resilient member) for enlarging/reducing the foot opening. A unitary stabilizer is a common construction for heel counters.
2. Plurality and Arrangement of Elastic Elements (in view of Dawes): While Fast IP '886 likely teaches at least one elastic element, a POSITA seeking to further improve the ease of entry and fit of the shoe would recognize that incorporating multiple elastic elements in various strategic locations is a well-known technique in footwear design, as evidenced by Dawes' teaching of elastic gores in shoes. The specific configuration of a first elastic element on the lateral side and a third on the medial side, both extending to the topline, is a routine application of side gores for easy slip-on functionality. The inclusion of a second elastic element (e.g., as an "island" elastic element on the vamp) with a continuous outer perimeter completely surrounded by non-elastic upper material and spaced from the topline would be an obvious design choice to provide targeted flexibility over the instep or other forward areas, allowing for improved fit and expansion without compromising the structural integrity of the topline. This arrangement provides controlled stretch where beneficial for foot insertion and comfort. The variability in elastic element configurations, as illustrated in FIGS. 4A-4C and 6A-6K of US12121096 itself, indicates that these are within the scope of routine design choices for optimizing rapid entry and fit.
3. Foam Liner (in view of Nine West and Murphy): To enhance the heel retention and comfort of a rapid-entry shoe, a POSITA would find it obvious to add a foam liner to the rear portion of the upper. Nine West teaches the use of liners, including those with "slow recovery," for footwear comfort and fit. Murphy further describes a "3-D heel pocket" for skate boots, demonstrating a known need for structured heel retention. Designing such a liner as a concave strip extending across the rear from lateral to medial, and angled toward the sole, is a standard and obvious way to create a supportive heel cup that cradles the foot and prevents slippage, thereby enhancing comfort and stability during rapid entry and wear. This feature improves the user experience without fundamentally altering the rapid-entry mechanism.

Motivation for Combination: A POSITA would be motivated to combine these features to create a rapid-entry shoe that not only provides ease of entry and prevents heel collapse (from Fast IP '886) but also offers enhanced flexibility through multiple, strategically placed elastic elements (as suggested by Dawes and routine design choices) and superior heel retention and comfort through a contoured foam liner (as suggested by Nine West and Murphy). These improvements directly address common problems associated with slip-on footwear, namely achieving a secure yet comfortable fit after rapid donning.

Obviousness Analysis of Independent Claim 13:

Claim 13 describes a rapid-entry shoe with a sole, an upper (rear, lateral, medial, forward, foot opening, topline), a unitary stabilizer from the sole to the rear, a plurality of elastic elements (first, second, third) configured to facilitate flexion/pivoting of the forward portion, with the first and third extending to the topline and the second not extending to the topline. It also includes a foam liner at the rear, spaced from the sole and topline, with a concave profile for heel retention.

Combination: Fast IP '886 in view of Dawes, Nine West, and Murphy.

1. Core Elements from Fast IP '886: As before, Fast IP '886 teaches a rapid-entry shoe with a sole, upper, rear and forward portions, a unitary stabilizer at the rear, and an elastic element for enlarging/reducing the foot opening.
2. Plurality of Elastic Elements for Flexion/Pivoting (in view of Dawes): Fast IP '886 teaches an elastic element configured to enable the forward portion to flex and/or pivot forward. A POSITA, further improving upon Fast IP '886, would find it obvious to use a plurality of such elastic elements (as taught by Dawes) to specifically facilitate flexion and pivoting of the forward portion. The arrangement where the first and third elastic elements extend to the topline on the lateral and medial sides, respectively, and the second elastic element does not extend to the topline, is a routine design optimization. This allows for maximum opening at the collar (topline) while providing controlled stretch in the instep/vamp area (where the second elastic element might be located) to accommodate different foot shapes during entry and secure the foot after insertion. These are routine engineering choices for balancing entry ease and fit.
3. Foam Liner Spaced from Sole and Topline (in view of Nine West and Murphy): A foam liner for heel retention with a concave profile (as in Nine West and Murphy) is a known comfort feature. Specifically positioning this foam liner "spaced from the sole portion" and "spaced from the top line of the upper" is an obvious design choice to allow the liner to function effectively as a heel cup, providing cushioning and retention, without interfering with the structural integrity of the sole or the flexible nature of the topline required for rapid entry. The concave profile facing the forward portion is a standard anatomical design for heel cradling.

Motivation for Combination: The motivation is to refine the rapid-entry mechanism and optimize heel retention. Using multiple elastic elements strategically placed provides a more adaptive opening. Spacing the foam liner from the sole and topline allows it to conform specifically to the heel's contours for maximum retention and comfort, distinguishing its function from structural components of the sole or upper's edge.

Obviousness Analysis of Independent Claim 21:

Claim 21 describes a rapid-entry shoe with a sole, an upper (rear, side, forward, foot opening), a unitary stabilizer from the sole to the rear, a plurality of elastic elements (first, second, third) with the first and third extending to the topline and the second spaced from the topline. Notably, the forward portion defines a tongue, which is coupled to at least one of the elastic elements, and at least a portion of at least one elastic element extends across the tongue portion.

Combination: Fast IP '886 in view of Dawes and Mercury.

1. Core Elements from Fast IP '886: Fast IP '886 teaches a rapid-entry shoe with a sole, upper, rear and forward portions, a unitary stabilizer at the rear, and an elastic element for enlarging/reducing the foot opening. The forward portion of a shoe commonly includes a tongue.
2. Plurality of Elastic Elements and Integration with Tongue (in view of Dawes and Mercury): Building on Fast IP '886, a POSITA would seek to maximize the foot opening during entry, especially in the instep area where a tongue is present. Dawes teaches the general application of elastic gores in shoes. Mercury teaches "footwear with pivoting tongue," demonstrating that modifying or integrating elements with the tongue for functional purposes (like entry) is known in the art. It would be obvious to a POSITA to integrate elastic elements into or around the tongue portion of a rapid-entry shoe. Coupling the tongue to at least one elastic element and having at least a portion of an elastic element extend across the tongue (e.g., to create a flexible vamp or instep area) is a routine design choice to allow the tongue and surrounding upper material to expand during foot insertion and then contract for a snug fit. This directly addresses the rapid-entry objective by making the instep area more accommodating. The specific arrangement of the first and third elastic elements extending to the topline and the second elastic element being spaced from the topline (as in other claims) can be readily applied, with the second elastic element being the one that interacts with or extends across the tongue.

Motivation for Combination: The motivation for combining these references is to create a more effective rapid-entry shoe by enhancing the flexibility and opening mechanism specifically around the tongue and instep area. A POSITA would understand that integrating elastic elements (Dawes) with the tongue (Mercury) in a rapid-entry shoe (Fast IP '886) would facilitate a wider opening for the foot to enter and a more adaptive, secure fit once the foot is inside. This combination provides a predictable solution to a known problem in rapid-entry footwear design.