`Attorney Docket No. 015127.02485
`
`DESIGN
`
`In re Application of
`
`Mark C. Miner
`
`Group Art Unit:
`
`2914
`
`Examiner:
`
`Thornton C. Nelson
`
`
`
`App. No.:—29/492,575 Confirmation No.:—7330
`
`
`
`Filed:
`
`May31, 2014
`
`For:
`
`SHOE SOLE
`
`Via EFS-Web
`
`Sir:
`
`MISCELLANEOUS SUBMISSION
`
`The present applicant ultimately claims priority back to U.S. patent application no.
`
`29/414,576,
`
`filed February 29, 2012. While the parent application discloses multiple
`
`embodiments of designs for shoes,
`
`the currently claimed design is directed to a single
`
`embodiment.
`
`Inventorship in the present application has been designated to reflect to the
`
`inventor of the currently claimed design.
`
`The claimed design in the present application substantially corresponds
`
`to an
`
`embodiment made commercial by the assignee more than one year prior to the actual filing date
`
`of the present application. The claimed design would not be valid if the effective filing date of
`
`the currently claimed design is determined not to be February 29, 2012 (.e., the filing date of the
`
`parent application). Accordingly, applicant respectfully requests that the priority claim to the
`
`parent application be granted.
`
`The claimed design in the present application is generally directed to a design for a sole
`
`portion of a shoe. The claim is fully disclosed in the parent application. Further, it is evident to
`
`
`
`one of ordinary skill in the art that the inventor objectively had possession of the claimed design
`
`at the timeofthe filing of the parent at least because the subset of elements forming the newly
`
`identified design claim is a self-contained design and/or share an operational and/or visual
`
`connection. Therefore, priority should be granted under the principals outlined in the binding
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`case law as set forth by the Court of Appeals for the Federal Circuit in Racing Strollers, Inc. v.
`
`TRI Indus., Inc., 878 F.2d 1418, 11 USPQ2d 1300 (Fed. Cir. 1989) and In re Daniels, 144 F.3d.
`
`1452, 46 USPQ2d 1788 (Fed. Cir. 1998).
`
`Additionally,
`
`to expedite the examination process, applicant is filing simultaneously
`
`herewith: a Rocket Docket expedited prosecution request (with supplemental materials) and a
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`Rule 131 Declaration showing evidence of an earlier date of invention should intervening art be
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`found to be material.
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`While we believe no other fees are due, please charge any fees associated with this
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`submission to Deposit Account number 19-0733.
`
`Respectfully submitted,
`
`Date:
`
`
`_December 10, 2014
`By:
`/Robert S. Katz/
`Robert S. Katz
`Attorney for Applicant
`Registration No. 36,402
`Banner & Witcoff, LTD.
`1100 13" Street, Suite 1200
`Washington, D.C. 20005
`
`
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