throbber
(12)
`
`United States Patent
`Dua et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8.266,749 B2
`*Sep. 18, 2012
`
`USOO8266749B2
`
`(54) ARTICLE OF FOOTWEAR HAVING A
`TEXTLE UPPER
`
`(75) Inventors: Bhupesh Dua, Portland, OR (US);
`Edward Nathaniel Thomas, Portland,
`OR (US)
`
`(73) Assignee: Nike, Inc., Beaverton, OR (US)
`
`(*) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`This patent is Subject to a terminal dis-
`claimer.
`
`CN
`
`5, 1933 Joha
`1910,251 A
`5, 1935 Wallace
`2,001,293 A
`7/1936 Zuckerman
`2,047,724 A
`2,147,197 A 11/1936 Glidden
`2,314,098 A
`3, 1943 McDonald
`2,330, 199 A
`9, 1943 Basch
`2,400,692 A
`5, 1946 Herbert
`2,467.237 A * 4, 1949 Sherman et al. ............ 12/142 G
`2,538,673 A
`1/1951 Donahue
`2,586,045 A
`2, 1952 Hoza
`2,641,004 A
`6, 1953 Ronyan et al.
`(Continued)
`FOREIGN PATENT DOCUMENTS
`1067566
`1, 1993
`(Continued)
`
`(21) Appl. No.: 13/236,742
`(22) Filed:
`Sep. 20, 2011
`
`(65)
`
`Prior Publication Data
`US 2012/OOO5922 A1
`Jan. 12, 2012
`
`OTHER PUBLICATIONS
`Santoni S.p.A. publication: Knitting Wear, SM8 Top 1 (2 pages).
`(Continued)
`
`Primary Examiner — Marie Patterson
`(74) Attorney, Agent, or Firm — Banner & Witcoff, Ltd.
`
`Related U.S. Application Data
`(60) Continuation of application No. 12/879,517, filed on
`Sep. 10, 2010, now Pat. No. 8,042,288, which is a
`continuation of application No. 12/032,995, filed on
`ABSTRACT
`(7)
`Feb. 18, 2008, now Pat No. 7,814,598, which is a
`An article of footwear and a method of manufacturing the
`SE oppy d p1928, filed on Mar. 3,
`article of footwear are disclosed. The footwear may include
`, now Fal. No. 1,34/U 11.
`an upper and a sole structure. The upper incorporates a textile
`(51) Int. Cl.
`lement with edges that are joined together to define atl
`(2006.01)
`A43D 8/00
`element W1th edges that are 101med together to define at least a
`portion of a Void for receiving a foot. The textile element may
`(52) U.S. Cl. .......................................... 12/146 C. 36/45
`also have a first area and a second area with a unitary con
`(58) Field of Classification Search
`12/146 C
`12/142 G. 3645. 10, 55.3 A struction. The first area is formed of a first stitch configura
`See application file for complete search history. s
`tion, and the second area is formed of a second stitch con
`figuration that is different from the first stitch configuration to
`impart varying textures to a surface of the textile element.
`Various warp knitting or weft knitting processes may be uti
`lized to form the textile element.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`1,597,934 A
`8/1926 Stimpson
`1,888,172 A
`6, 1932 Joha
`1902,780 A
`3, 1933 Holden et al.
`
`
`
`21 Claims, 12 Drawing Sheets
`
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`US 8,266,749 B2
`Page 2
`
`U.S. PATENT DOCUMENTS
`Doughty
`4, 1954
`2,675,631
`2, 1955
`Ducharme
`2,701,458
`10, 1972
`Stohr
`3,694,940
`T. 1980
`Civardi et al.
`4,211,806
`Thorneburg
`3, 1981
`4,255,949
`T. 1981
`Melton
`4,276,671
`3, 1982
`Melton
`4,317,292
`Thorneburg
`2, 1983
`4,373.361
`5, 1984
`Zaino
`4,447,967
`8, 1986
`Harada
`4,607,439
`11, 1988
`Shiomura
`4,785,558
`3, 1989
`4,813,158
`Brown
`8, 1989
`Chilewich et al.
`4,852,272
`Tibbals, Jr.
`3, 1992
`5,095,720
`6, 1994
`Lonati et al.
`5,323,627
`9, 1994
`Nishida
`5,345,638
`10, 1994
`Brier
`5,353,524
`McCartney et al.
`10, 1995
`5,461.884
`Dahlgren
`4, 1996
`5,511,323
`4, 1998
`Pernick
`5,735,145
`Fay, Sr.
`5, 1998
`5,746,013
`Throneburg et al.
`10, 2001
`6,308,438
`5/2003
`Norton et al.
`6,558,784
`6, 2005
`6,910,288
`Dua
`8, 2005
`6,931,762
`Dua
`Lyden
`3, 2006
`7,016,867
`5, 2006
`Orei et al.
`7,051.460
`Lyden
`9, 2006
`7,107,235
`
`4/2007 Lonati et al.
`7,207,196 B2
`3/2008 Dua et al.
`7,347,011 B2
`7.814,598 B2 10/2010 Dua et al.
`2002fOO78599 A1
`6/2002 Delgorgue et al.
`2003/O126762 A1
`7/2003 Tseng
`2004/01 18018 A1
`6/2004 Dua
`
`CN
`CN
`DE
`EP
`GB
`WO
`
`FOREIGN PATENT DOCUMENTS
`1411762
`4/2003
`1429512
`T 2003
`627878
`3, 1936
`1437.057
`T 2004
`1539886
`2, 1979
`90/O3744
`4f1990
`
`OTHER PUBLICATIONS
`International Search Report and Written Opinion mailed on May 19,
`2005 in related PCT Application No. PCT/US2005/004776.
`Page 1 of Lyden Letter of Apr. 21, 2010—Redacted.
`Office Action issued Jul. 27, 2007 in corresponding Chinese Patent
`Application No. 20058.00066703, and English translation thereof.
`Office Action issued Feb. 15, 2008 in corresponding Chinese Patent
`Application No. 20058.00066703, and English translation thereof.
`Office Action issued Jun. 13, 2008 in corresponding Chinese Patent
`Application No. 20058.00066703, and English translation thereof.
`* cited by examiner
`
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`Figure 8
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`- 4. 8'
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`{es (c.
`as as
`as eas
`was a
`was sex
`as es
`as as
`as as
`x 8
`8s 3
`as as
`as as
`as as
`
`kic Kes
`as as
`as as
`ea &ces
`res are
`as wax
`13s 43s
`as s.
`
`- 4
`s s
`s s s
`C-4
`s
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`Figure 11
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`US 8,266,749 B2
`
`1.
`ARTICLE OF FOOTWEAR HAVINGA
`TEXTLE UPPER
`
`CROSS-REFERENCE TO RELATED
`APPLICATIONS
`
`This U.S. patent application is a continuation application
`of and claims priority to U.S. patent application Ser. No.
`12/879,517, filed Sep. 10, 2010, which is a continuation
`application of and claims priority to U.S. patent application
`Ser. No. 12/032,995, filed Feb. 18, 2008, which is a divisional
`application of and claims priority to U.S. patent application
`Ser. No. 10/791,289, filed Mar. 3, 2004, now U.S. Pat. No.
`7,347,011, issued Mar. 25, 2008, each of which are being
`entirely incorporated herein by reference.
`
`10
`
`15
`
`BACKGROUND OF THE INVENTION
`
`2
`may be formed from a synthetic or natural textile. The exte
`rior layer of the upper may beformed, therefore, from numer
`ous material elements that each impart different properties to
`specific portions of the upper.
`An intermediate layer of the upper may be formed from a
`lightweight polymer foam material that provides cushioning
`and protects the foot from objects that may contact the upper.
`Similarly, an interior layer of the upper may be formed of a
`moisture-wicking textile that removes perspiration from the
`area immediately surrounding the foot. In some articles of
`athletic footwear, the various layers may be joined with an
`adhesive, and Stitching may be utilized to join elements
`within a single layer or to reinforce specific areas of the upper.
`Although the materials selected for the upper vary signifi
`cantly, textile materials often form at least a portion of the
`exterior layer and interior layer. A textile may be defined as
`any manufacture from fibers, filaments, or yarns character
`ized by flexibility, fineness, and a high ratio of length to
`thickness. Textiles generally fall into two categories. The first
`category includes textiles produced directly from webs of
`filaments or fibers by randomly interlocking to construct non
`woven fabrics and felts. The second category includes textiles
`formed through a mechanical manipulation of yarn, thereby
`producing a woven fabric, for example.
`Yarn is the raw material utilized to form textiles in the
`second category. In general, yarn is defined as an assembly
`having a Substantial length and relatively small cross-section
`that is formed of at least one filament or a plurality of fibers.
`Fibers have a relatively short length and require spinning or
`twisting processes to produce a yarn of suitable length for use
`in textiles. Common examples of fibers are cotton and wool.
`Filaments, however, have an indefinite length and may merely
`be combined with other filaments to produce a yarn suitable
`for use in textiles. Modern filaments include a plurality of
`synthetic materials such as rayon, nylon, polyester, and poly
`acrylic, with silk being the primary, naturally-occurring
`exception. Yarn may be formed of a single filament, which is
`conventionally referred to as a monofilament yarn, or a plu
`rality of individual filaments grouped together. Yarn may also
`include separate filaments formed of different materials, or
`the yarn may include filaments that are each formed of two or
`more different materials. Similar concepts also apply to yarns
`formed from fibers. Accordingly, yarns may have a variety of
`configurations that generally conform to the definition pro
`vided above.
`The various techniques for mechanically manipulating
`yarn into a textile include interweaving, intertwining and
`twisting, and interlooping. Interweaving is the intersection of
`two yarns that cross and interweave at right angles to each
`other. The yarns utilized in interweaving are conventionally
`referred to as warp and weft. Intertwining and twisting
`encompasses procedures such as braiding and knotting where
`yarns intertwine with each other to form a textile. Interloop
`ing involves the formation of a plurality of columns of inter
`meshed loops, with knitting being the most common method
`of interlooping.
`The textiles utilized in footwear uppers generally provide a
`lightweight, air-permeable structure that is flexible and com
`fortably receives the foot. In order to impart other properties
`to the footwear, including durability and stretch-resistance,
`additional materials are commonly combined with the textile,
`including leather, synthetic leather, or rubber, for example.
`With regard to durability, U.S. Pat. No. 4,447,967 to Zaino
`discloses an upper formed of a textile material that has a
`polymer material injected into specific Zones to reinforce the
`Zones against abrasion or other forms of wear. Regarding
`stretch resistance, U.S. Pat. No. 4,813,158 to Brown and U.S.
`
`25
`
`30
`
`35
`
`45
`
`1. Field of the Invention
`The present invention relates to footwear. The invention
`concerns, more particularly, an article of footwear incorpo
`rating an upper that is at least partially formed from a textile
`material.
`2. Description of Background Art
`Conventional articles of athletic footwear include two pri
`mary elements, an upper and a sole structure. The upper
`provides a covering for the foot that securely receives and
`positions the foot with respect to the sole structure. In addi
`tion, the upper may have a configuration that protects the foot
`and provides ventilation, thereby cooling the foot and remov
`ing perspiration. The Sole structure is secured to a lower
`surface of the upper and is generally positioned between the
`foot and the ground. In addition to attenuating ground reac
`tion forces and absorbing energy (i.e., imparting cushioning),
`the Sole structure may provide traction and control potentially
`harmful foot motion, such as over pronation. Accordingly, the
`upper and the sole structure operate cooperatively to provide
`a comfortable structure that is suited for a wide variety of
`ambulatory activities, such as walking and running The gen
`eral features and configuration of the conventional upper are
`40
`discussed in greater detail below.
`The upper forms a void on the interior of the footwear for
`receiving the foot. The void has the general shape of the foot,
`and access to the Void is provided by an ankle opening.
`Accordingly, the upper extends over the instep and toe areas
`of the foot, along the medial and lateral sides of the foot, and
`around the heel area of the foot. A lacing system is often
`incorporated into the upper to selectively increase the size of
`the ankle opening and permit the wearer to modify certain
`dimensions of the upper, particularly girth, to accommodate
`feet with varying proportions. In addition, the upper may
`include a tongue that extends under the lacing system to
`enhance the comfort of the footwear, and the upper may
`include a heel counter to limit movement of the heel.
`Various materials may be utilized in manufacturing the
`upper. The upper of an article of athletic footwear, for
`example, may be formed from multiple material layers that
`include an exterior layer, an intermediate layer, and an inte
`rior layer. The materials forming the exterior layer of the
`upper may be selected based upon the properties of wear
`resistance, flexibility, and air-permeability, for example. With
`regard to the exterior layer, the toe area and the heel area may
`beformed of leather, synthetic leather, or a rubber material to
`impart a relatively high degree of wear-resistance. Leather,
`synthetic leather, and rubber materials may not exhibit the
`desired degree of flexibility and air-permeability. Accord
`ingly, various other areas of the exterior layer of the upper
`
`50
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`US 8,266,749 B2
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`3
`Pat. No. 4,756,098 to Boggia both disclose a substantially
`inextensible material that is secured to the upper, thereby
`limiting the degree of stretch in specific portions of the upper.
`From the perspective of manufacturing, utilizing multiple
`materials to impart different properties to an article of foot
`wear may be an inefficient practice. For example, the various
`materials utilized in a conventional upper are not generally
`obtained from a single Supplier. Accordingly, a manufactur
`ing facility must coordinate the receipt of specific quantities
`of materials with multiple suppliers that may have distinct
`business practices or may be located in different regions or
`countries. The various materials may also require additional
`machinery or different assembly line techniques to cut or
`otherwise prepare the material for incorporation into the foot
`wear. In addition, incorporating separate materials into an
`upper may involve a plurality of distinct manufacturing steps
`requiring multiple individuals. Employing multiple materi
`als, in addition to textiles, may also detract from the
`breathability of footwear. Leather, synthetic leather, or rub
`ber, for example, are not generally permeable to air. Accord
`ingly, positioning leather, synthetic leather, or rubber on the
`exterior of the upper may inhibit air flow through the upper,
`thereby increasing the amount of perspiration, water vapor,
`and heat trapped within the upper and around the foot.
`
`10
`
`15
`
`4
`FIG. 1 is a lateral elevational view of an article of footwear
`having an upper in accordance with the present invention.
`FIG. 2 is a lateral elevational view of the upper.
`FIG. 3 is a top plan view of the upper.
`FIG. 4 is a rear elevational view of the upper.
`FIG. 5 is a bottom plan view of the upper.
`FIG. 6 is a first cross-sectional view of the upper, as defined
`by section line 6-6 in FIG. 2.
`FIG. 7 is a second cross-sectional view of the upper, as
`defined by section line 7-7 in FIG. 2.
`FIG. 8 is a plan view of a textile element that forms at least
`a portion of the upper.
`FIG. 9 is a perspective view of a textile structure that
`incorporates two of the textile element.
`FIG. 10 is a plan view of another textile element.
`FIG. 11 is a plan view of yet another textile element.
`FIG. 12 is a lateral elevational view of another article of
`footwear having an upper in accordance with the present
`invention.
`FIG.13 is a lateral elevational view of yet another article of
`footwear having an upper in accordance with the present
`invention.
`FIG. 14 is a cross-sectional view of the footwear depicted
`in FIG. 13, as defined by section line 14-14.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`The following discussion and accompanying figures dis
`close an article of footwear 10 and a method of manufacturing
`footwear 10, or components thereof, in accordance with the
`present invention. Footwear 10 is depicted in the figures and
`discussed below as having a configuration that is suitable for
`athletic activities, particularly running The concepts dis
`closed with respect to footwear 10 may, however, be applied
`to footwear styles that are specifically designed for a variety
`of other athletic activities, including basketball, baseball,
`football, Soccer, walking, and hiking, for example, and may
`also be applied to various non-athletic footwear styles.
`Accordingly, one skilled in the relevant art will recognize that
`the concepts disclosed herein may be applied to a wide range
`of footwear styles and are not limited to the specific embodi
`ments discussed below and depicted in the figures.
`The primary elements of footwear 10 are depicted in FIG.
`1 as being a sole structure 20 and an upper 30. Sole structure
`20 is secured to a lower portion of upper 30 and provides a
`durable, wear-resistant component that imparts cushioning as
`footwear 10 impacts the ground. Upper 30 is at least partially
`formed from a textile element 40 that defines an interior void
`for comfortably receiving a foot and securingaposition of the
`foot relative to sole structure 20. Various edges of textile
`element 40 are then secured together to form the shape of
`upper 30. In some embodiments, textile element 40 may form
`substantially allofupper 30, or textile element 40 may only be
`a portion of an upper.
`Sole structure 20 has a generally conventional configura
`tion that includes a midsole 21 and an outsole 22. Midsole 21
`is secured to a lower portion of upper 30 and is formed of a
`polymer foam material. Such as ethylvinylacetate or polyure
`thane. Accordingly, midsole 21 attenuates ground reaction
`forces and absorbs energy (i.e., provides cushioning) as sole
`structure 20 impacts the ground. To enhance the force attenu
`ation and energy absorption characteristics of sole structure
`20, midsole 21 may incorporate a fluid-filled bladder, as dis
`closed in U.S. Pat. Nos. 4,183,156 and 4,219,945 to Rudy.
`Alternately or in combination, midsole 21 may incorporate a
`plurality of discrete, columnar Support elements, as disclosed
`in U.S. Pat. Nos. 5,343,639 and 5,353.523 to Kilgore et al.
`
`SUMMARY OF THE INVENTION
`
`25
`
`30
`
`35
`
`45
`
`The present invention is an upper for an article of footwear,
`the upper incorporating a textile element formed with a knit
`ting machine, for example. In one aspect of the invention, the
`textile element has edges that are joined together to define at
`least a portion of a Void for receiving a foot. In another aspect
`of the invention, the textile element has a first area and a
`second area of unitary construction. The first area is formed of
`a first Stitch configuration, and the second area is formed of a
`second stitch configuration that is different from the first
`Stitch configuration to impart varying textures to a surface of
`the textile element. The knitting machine may have a con
`figuration that forms the textile element through either warp
`knitting or weft knitting.
`Another aspect of the invention involves a method of
`40
`manufacturing an article of footwear. The method includes a
`step of mechanically-manipulating a yarn with a circular
`knitting machine, for example, to form a cylindrical textile
`structure. In addition, the method involves removing at least
`one textile element from the textile structure, and incorporat
`ing the textile element into an upper of the article of footwear.
`In another aspect of the invention, an article of footwear
`has an upper and a sole structure secured to the upper. The
`upper incorporates a textile element formed with a knitting
`machine. The textile element is removed from a textile struc
`ture that includes an outline of the textile element, and the
`textile element has edges that are joined together to define at
`least a portion of a Void for receiving a foot.
`The advantages and features of novelty characterizing the
`present invention are pointed out with particularity in the
`appended claims. To gain an improved understanding of the
`advantages and features of novelty, however, reference may
`be made to the following descriptive matter and accompany
`ing drawings that describe and illustrate various embodi
`ments and concepts related to the invention.
`
`50
`
`55
`
`60
`
`DESCRIPTION OF THE DRAWINGS
`
`The foregoing Summary of the Invention, as well as the
`following Detailed Description of the Invention, will be better
`understood when read in conjunction with the accompanying
`drawings.
`
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`5
`Outsole 22 is secured to a lower surface of midsole 21 and
`may be formed from carbon black rubber compound to pro
`vide a durable, wear-resistant Surface for engaging the
`ground. Outsole 22 may also incorporate a textured lower
`surface to enhance the fraction characteristics of footwear 10.
`In addition, footwear 10 may include an insole (not depicted),
`which is a relatively thin, cushioning member located within
`upper 30 and adjacent to a plantar surface of the foot for
`enhancing the comfort of footwear 10.
`Sole structure 20 is described above as having the elements
`of a conventional sole structure for athletic footwear. Other
`footwear styles, including, dress shoes and boots, for
`example, may have other types of conventional Sole struc
`tures specifically tailored for use with the respective types of
`footwear. In addition to a conventional configuration, how
`15
`ever, Sole structure 20 may also exhibit a unique, non-con
`ventional structure. Accordingly, the particular configuration
`of sole structure 20 may vary significantly within the scope of
`the present invention to include a wide range of configura
`tions, whether conventional or non-conventional.
`Upper 30 is depicted in FIGS. 2-7 as having a lateral region
`31, an opposite medial region32, an instep region33, a lower
`region 34, and a heel region 35. Lateral region 31 extends
`through a longitudinal length of footwear 10 and is generally
`configured to contact and cover a lateral side of the foot.
`Medial region 32 has a similar configuration that generally
`corresponds with a medial side of the foot. Instep region 33 is
`positioned between lateral region 31 and medial region 32,
`and instep region 33 extends over an instep area of the foot.
`Lower region 34 forms a bottom surface of upper 30 and also
`extends through the longitudinal length of footwear 10. Heel
`region 35 forms a rear portion of upper 30 and is generally
`configured to contact and cover a heel area of the foot. In
`addition, lateral region 31, medial region32, instep region33.
`and heel region 35 cooperatively define an ankle opening 36
`for providing the foot with access to the void within upper 30.
`Upper 30 is at least partially formed from textile element
`40, which forms regions 31-35, and may also include laces or
`other elements associated with a conventional upper for foot
`wear. Textile element 40 is a single material element that is
`formed to exhibit a unitary (i.e., one-piece) construction, and
`textile element 40 is formed or otherwise shaped to extend
`around the foot. As depicted in FIGS. 2-7, textile element 40
`forms both an exterior Surface and an interior Surface of upper
`30. Textile element 40 may be formed as a part of a larger
`textile element. Textile element 40 is then removed from the
`larger textile element and various edges of textile element 40
`are secured together to form the shape of upper 30. A plurality
`of seams 51-54 are formed, therefore, when joining the edges
`of the textile element. Seam 51 extends along the longitudinal
`length of lower region34 and is centrally-located with respect
`to lateral region 31 and medial region 32. Seam 52 is also
`centrally-located and extends upward along heel region 35. A
`seam 53 is positioned in a forefoot area of upper 30 and joins
`a portion of lower region34 with both of lateral region 31 and
`medial region32. In addition, a seam 54 is positioned in a rear
`area of upper 30 and joins a portion of lower region 34 with
`heel region 35.
`Textile element 40 exhibits the general shape depicted in
`FIG. 8 prior to the formation of seams 51-54. Following
`formation of seams 51-54, however, textile element 40 exhib
`its the shape of upper 30 depicted in FIGS. 2-7. Seams 51-54
`are formed by securing various edges of textile element 40
`together. More specifically, (1) seam 51 is formed by securing
`an edge 41a with an edge 41b; (2) seam 52 is formed by
`securing an edge 42a with an edge 42b; (3) a first portion of
`seam 53 is formed by securing an edge 43a with an edge 43b
`
`65
`
`40
`
`45
`
`50
`
`55
`
`60
`
`US 8,266,749 B2
`
`10
`
`25
`
`30
`
`35
`
`6
`(4) a second portion of seam 53 is formed by securing an edge
`43c with an edge 43d; (5) a first portion of seam 54 is formed
`by Securing an edge 44a with an edge 44b; and (6) a second
`portion of seam 54 is formed by securing an edge 44c with an
`edge 44d. Referring to FIG. 8, the positions of regions 31-35
`and ankle opening 36 are identified to provide a frame of
`reference relating to the various portions of textile element
`40.
`In order to join edges 41a and 41b to form seam 51, textile
`element 40 is folded or otherwise overlapped such that edge
`41a is placed adjacent to edge 41b. Stitching, an adhesive, or
`heat bonding, for example, is then utilized to secure edge 41a
`and edge 41b. Textile element 40, as depicted in FIG. 8, has a
`generally planar configuration. Upon the formation of seam
`51, however, one portion of textile element 40 overlaps the
`other portion of textile element 40. The volume between the
`overlapping portions effectively forms a portion of the void
`within upper 30 for receiving the foot.
`The folding or overlapping of textile element 40 to form
`seam 51 places edge 42a adjacent to edge 42b, which facili
`tates the formation of seam 52. With reference to FIG. 8, an
`edge 45 forms a generally u-shaped area in textile element 40.
`Upon the joining of edges 42a and 42b to form seam 52, the
`u-shaped area becomes an aperture in textile element 40 and
`effectively forms ankle opening 36. Each of edges 43a–43d
`and edges 44a-44d are formed from a generally V-shaped area
`of textile element 40. Accordingly, seams 53 and 54 may be
`formed by closing the V-shaped areas and securing the various
`edges together.
`Following the formation of each of seams 51-54, the manu
`facturing of upper 30 is essentially complete. Various finish
`ing steps may be performed, such as reinforcing ankle open
`ing 36, for example. Upper 30 (i.e., textile element 40) is then
`secured to sole structure 20, with an adhesive, for example.
`The insole is then placed into the void within upper 30 and
`adjacent to lower region 34. In some embodiments, various
`reinforcing members may be added to the exterior or interior
`surface of upper 20 in order to limit the degree of stretch in
`upper 20 or provide enhanced wear-resistance. In addition, a
`lacing system may be added to provide adjustability.
`Textile element 40 is a single material element with a
`unitary construction, as discussed above. As defined for pur
`poses of the present invention, unitary construction is
`intended to express a configuration wherein portions of a
`textile element are not joined together by seams or other
`connections, as depicted with textile element 40 in FIG. 8.
`Although the various edges 41a-44d are joined together to
`form seams 51-54, the various portions of textile element 40
`are formed as an unitary element without seams, as discussed
`below.
`Textile element 40 is primarily formed from one or more
`yarns that are mechanically-manipulated through either an
`interweaving, intertwining and twisting, or interlooping pro
`cess, for example. As discussed in the Background of the
`Invention section above, interweaving is the intersection of
`two yarns that cross and interweave at right angles to each
`other. The yarns utilized in interweaving are conventionally
`referred to as warp and weft. Intertwining and twisting
`encompasses procedures such as braiding and knotting where
`yarns intertwine with each other to form a textile. Interloop
`ing involves the formation of a plurality of columns of inter
`meshed loops, with knitting being the most common method
`of interlooping. Textile element 40 may, therefore, beformed
`from one of these processes for manufacturing a textile.
`A variety of mechanical processes have been developed to
`manufacture a textile. In general, the mechanical processes
`may be classified as either warp knitting or weft knitting. With
`
`Skechers EX1001-p.17
`Skechers v Nike
`
`

`

`US 8,266,749 B2
`
`10
`
`15
`
`25
`
`7
`regard to warp knitting, various specific Sub-types that may be
`utilized to manufacture a textile include tricot, raschel, and
`double needle-barraschel (which further includes jacquard
`double needle-barraschel). With regard to weft knitting, vari
`ous specific Sub-types that may be utilized to manufacture a 5
`textile include circular knitting and flat knitting. Various types
`of circular knitting include Sock knitting (narrow tube), body
`garment (seamless or wide tube), and jacquard.
`Textile element 40 may be formed through any of the
`mechanical processes discussed above. Accordingly, textile
`element 40 may be formed on either a warp knitting machine
`or a weft knitting machine. One Suitable knitting machine for
`forming textile element 40 is a wide-tube circular knit jac
`quard machine. Another Suitable knitting machine for form
`ing textile element 40 is a wide-tube circular knitting machine
`that is produced in the Lonati Group by Santoni S.p.A. of Italy
`under the SM8 TOP1 model number. This Santoni S.p.A.
`wide-tube circular knitting machine may form a textile struc
`ture having a diameter that ranges from 10 inches to 20
`inches, with 8 feeds for each diameter. The machine exhibits
`a maximum 140 revolutions perminute for 10 inch diameters,
`and a maximum 120 revolutions perminute for 13 inch diam
`eters. Furthermore, the machine gauge is variable between
`16, 22, 24, 26, 28, and 32 needles per inch, and is suitable for
`various needle gauges ranging from 48 to 75.
`A wide-tube circular knitting machine, as produced by
`Santoni S.p.A., forms a generally cylindrical textile structure
`and is capable of forming various types of Stitches within a
`single textile structure. In general, the wide-tube circular
`knitting machine may be programmed to alter the design on
`the textile structure through needle selection. That is, the type
`of stitch that is formed at each location on the textile structure
`may be selected by programming the wide-tube circular knit
`ting machine such that specific needles either accept or do not
`accept yarn at each Stitch location. In this manner, various
`patterns, textures, or designs may be selectively and purpose
`fully imparted to the textile structure.
`An example of a textile structure 60 that may be formed
`with a wide-tube circular knitting machine is depicted in FIG.
`9. Textile structure 60 has a generally cylindrical configura
`tion, and the types of stitches vary throughout textile structure
`60 so that a pattern is formed with the outline of textile
`element 40. That is, differences in the stitches within textile
`structure 60 forman outline with the shape and proportions of
`textile element 40.
`45
`The Santoni S.p.A. wide-tube circular knitting machine
`may form a textile structure having a diameter that ranges
`from 10 inches to 16 inches, as discussed above. Assuming
`that textile structure 60 exhibits a diameter of 10 inches, then
`the circumference of textile structure 60 is approximately 31 50
`inches. In many circumstances, the total width of textile ele
`men

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