Obviousness

Obviousness Analysis of US Patent 9078488 under 35 U.S.C. § 103

This analysis evaluates US Patent 9078488 for obviousness under 35 U.S.C. § 103, considering prior art references identified within the patent text and common knowledge in the relevant fields before the patent's priority date of September 30, 2014. The invention generally relates to an article of footwear with an upper incorporating a knitted component featuring lenticular knit structures that provide color-shifting properties based on viewing angle, achieved by using different yarns in various portions of the knit structure.

Person Having Ordinary Skill in the Art (PHOSITA)

A person having ordinary skill in the art (PHOSITA) in the context of US9078488 would possess knowledge in footwear design, textile manufacturing, particularly advanced knitting techniques (such as flat knitting), yarn properties, and aesthetic design principles for apparel.

Identified Prior Art and Common Knowledge

The following prior art and common knowledge are relevant:

1. Knitted Footwear Components and Unitary Knit Construction: U.S. Pat. No. 6,931,762 to Dua; U.S. Pat. No. 7,347,011 to Dua, et al.; U.S. Pat. No. 8,490,299 to Dua et al.; and U.S. Pat. No. 8,839,532 to Huffa et al. are expressly incorporated by reference in US9078488 for disclosing "various configurations of knitted components and methods for forming knitted component 130 with unitary knit construction" for footwear. These patents establish the foundational knowledge of constructing footwear uppers from a single, continuous knitted piece.
2. Tubular Rib Structures and Base Portions: U.S. Provisional Patent Application Ser. No. 62/057,264, filed on September 30, 2014 (the same priority date as US9078488 and also incorporated by reference), describes knitted components with "tubular rib structures" and "base portions" connecting different elements of the knitted component. US9078488 explicitly states that its "lenticular knit structure 132 may be in the form of a tubular rib structure". This demonstrates that the structural form used for the lenticular knit structure was known or concurrently developed and disclosed.
3. Lenticular Visual Effects (Lenticular Printing): US9078488 acknowledges that its "color-shifting properties may be provided to an article of footwear using a visual effect similar to or inspired by lenticular printing techniques" and defines lenticular printing as using "lenses to cause a shift in the visible image or pattern when viewed from different viewing angles". This indicates that the principle of creating angle-dependent visual effects was a known concept in a related field.
4. Use of Different Yarns in Knitting: The practice of using different colored, textured, or denier yarns to create diverse visual patterns and properties within a single knitted fabric is a fundamental and long-standing technique in the textile and knitting industry.

Obviousness Argument

Claims 1 and 2 (Article of Footwear and Knitted Component):
Independent Claims 1 and 2 broadly cover an article of footwear or a knitted component featuring a lenticular knit structure that provides angle-dependent visual effects (first visual effect from a first viewing angle, second visual effect from a second viewing angle) by incorporating different yarns in different portions of the structure, all formed of unitary knit construction. The lenticular knit structure is described as extending away from a base portion.

A PHOSITA, seeking to introduce novel and dynamic aesthetic features into knitted footwear uppers, would have been motivated to combine the known elements in the following manner:

• Motivation to Create Dynamic Visuals: The market for athletic footwear constantly demands innovative aesthetic designs. The known principle of lenticular printing (Prior Art 3), which creates changing images based on viewing angle, would serve as a clear inspiration for a PHOSITA looking to achieve similar dynamic visual effects in a knitted product.
• Applying Lenticular Principle to Known Knit Structures: Given the established art of knitted footwear components of unitary construction (Prior Art 1), and the knowledge of creating three-dimensional forms like tubular rib structures within such components (Prior Art 2, which US9078488 identifies as the form of its lenticular knit structure), it would have been an obvious design choice to adapt the lenticular principle to these existing knitted structures. Tubular rib structures naturally present different surfaces or "portions" to a viewer depending on the viewing angle as they extend from a base.
• Utilizing Different Yarns for Visual Contrast: To achieve the desired color-shifting or visual effect, it would be obvious to a PHOSITA to employ different yarns (e.g., different colors, textures, or materials, as described in US9078488) (Prior Art 4) for the different surfaces or portions of the tubular rib structure that are selectively exposed at varying viewing angles. For example, knitting the "first portion" of the tubular rib with a first yarn and the "second portion" with a different second yarn (as taught by US9078488) would predictably result in the observation of different visual effects from different viewing angles.

The combination of these known elements—knitted footwear components with unitary construction, tubular rib structures, the recognized principle of lenticular visual effects, and the common practice of using different yarns in knitting—would lead to a predictable outcome: a knitted component for footwear that exhibits angle-dependent color-shifting properties. The specific configuration of the lenticular knit structure "extending away from the base portion" on the exterior surface is an inherent characteristic of how a tubular rib structure would be integrated into and protrude from a flat knitted base.

Claim 3 (Method of Manufacturing):
Independent Claim 3 outlines a method for manufacturing the knitted component, including knitting a base portion, knitting a first portion of a lenticular knit structure with a first yarn, and knitting a second portion with a second, different yarn, such that the lenticular knit structure extends vertically from the base portion and creates angle-dependent visual effects.

This method would also be obvious. The individual steps of knitting a base portion and forming tubular rib structures (which function as the lenticular knit structures) are standard operations using known knitting machines (e.g., flat knitting machine 700 with various feeders, as illustrated in US9078488, and described in Prior Art 1 and 2). The technique of using different yarns for different sections of a knit structure to achieve distinct visual patterns (Prior Art 4) is also well-established. A PHOSITA, motivated to create the lenticular visual effect in a knitted component, would simply combine these known knitting processes and material selection choices to form the tubular rib structure with different yarns on its opposing sides. The vertical extension of the structure from the base is a natural consequence of knitting a tubular element on a knitting machine. The knitting diagrams (e.g., FIGS. 12 and 13) in US9078488 illustrate conventional techniques for forming such structures with different yarns on separate needle beds, which would be well within the capabilities of a PHOSITA.

Conclusion:
Considering the prior art and common knowledge, a PHOSITA would have been motivated to combine the known concepts of knitted footwear uppers (Dua et al. patents), tubular rib structures and base portions in knitted components (U.S. Provisional Application Ser. No. 62/057,264), the aesthetic principle of lenticular visual effects (lenticular printing), and the common practice of using different yarns in knitting. This combination would have been obvious to achieve a knitted footwear component exhibiting angle-dependent color-shifting properties. Therefore, the independent claims of US9078488 are likely rendered obvious under 35 U.S.C. § 103.