EP2814351B1 - Three toed footwear - Google Patents

Three toed footwear Download PDF

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Publication number
EP2814351B1
EP2814351B1 EP12847936.7A EP12847936A EP2814351B1 EP 2814351 B1 EP2814351 B1 EP 2814351B1 EP 12847936 A EP12847936 A EP 12847936A EP 2814351 B1 EP2814351 B1 EP 2814351B1
Authority
EP
European Patent Office
Prior art keywords
toe
footwear
article
outsole
secured
Prior art date
Legal status (The legal status is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the status listed.)
Active
Application number
EP12847936.7A
Other languages
German (de)
French (fr)
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EP2814351A4 (en
EP2814351A1 (en
Inventor
John M. Chenciner
Current Assignee (The listed assignees may be inaccurate. Google has not performed a legal analysis and makes no representation or warranty as to the accuracy of the list.)
Surf 9 LLC
Original Assignee
Surf 9 LLC
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Priority claimed from US13/372,414 external-priority patent/US8991075B2/en
Application filed by Surf 9 LLC filed Critical Surf 9 LLC
Publication of EP2814351A1 publication Critical patent/EP2814351A1/en
Publication of EP2814351A4 publication Critical patent/EP2814351A4/en
Application granted granted Critical
Publication of EP2814351B1 publication Critical patent/EP2814351B1/en
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Classifications

    • AHUMAN NECESSITIES
    • A43FOOTWEAR
    • A43BCHARACTERISTIC FEATURES OF FOOTWEAR; PARTS OF FOOTWEAR
    • A43B7/00Footwear with health or hygienic arrangements
    • A43B7/14Footwear with health or hygienic arrangements with foot-supporting parts
    • A43B7/1405Footwear with health or hygienic arrangements with foot-supporting parts with pads or holes on one or more locations, or having an anatomical or curved form
    • A43B7/1415Footwear with health or hygienic arrangements with foot-supporting parts with pads or holes on one or more locations, or having an anatomical or curved form characterised by the location under the foot
    • A43B7/145Footwear with health or hygienic arrangements with foot-supporting parts with pads or holes on one or more locations, or having an anatomical or curved form characterised by the location under the foot situated under the toes, i.e. the phalanges
    • AHUMAN NECESSITIES
    • A43FOOTWEAR
    • A43BCHARACTERISTIC FEATURES OF FOOTWEAR; PARTS OF FOOTWEAR
    • A43B13/00Soles; Sole-and-heel integral units
    • A43B13/02Soles; Sole-and-heel integral units characterised by the material
    • A43B13/04Plastics, rubber or vulcanised fibre
    • AHUMAN NECESSITIES
    • A43FOOTWEAR
    • A43BCHARACTERISTIC FEATURES OF FOOTWEAR; PARTS OF FOOTWEAR
    • A43B13/00Soles; Sole-and-heel integral units
    • A43B13/14Soles; Sole-and-heel integral units characterised by the constructive form
    • AHUMAN NECESSITIES
    • A43FOOTWEAR
    • A43BCHARACTERISTIC FEATURES OF FOOTWEAR; PARTS OF FOOTWEAR
    • A43B7/00Footwear with health or hygienic arrangements
    • A43B7/14Footwear with health or hygienic arrangements with foot-supporting parts
    • A43B7/26Footwear with health or hygienic arrangements with foot-supporting parts with toe-spacers or toe-spreaders
    • AHUMAN NECESSITIES
    • A43FOOTWEAR
    • A43CFASTENINGS OR ATTACHMENTS OF FOOTWEAR; LACES IN GENERAL
    • A43C1/00Shoe lacing fastenings
    • A43C1/06Shoe lacing fastenings tightened by draw-strings
    • AHUMAN NECESSITIES
    • A43FOOTWEAR
    • A43CFASTENINGS OR ATTACHMENTS OF FOOTWEAR; LACES IN GENERAL
    • A43C11/00Other fastenings specially adapted for shoes
    • A43C11/004Fastenings fixed along the upper edges of the uppers
    • A43C11/006Elastic fastenings
    • AHUMAN NECESSITIES
    • A43FOOTWEAR
    • A43CFASTENINGS OR ATTACHMENTS OF FOOTWEAR; LACES IN GENERAL
    • A43C11/00Other fastenings specially adapted for shoes
    • A43C11/14Clamp fastenings, e.g. strap fastenings; Clamp-buckle fastenings; Fastenings with toggle levers
    • A43C11/1493Strap fastenings having hook and loop-type fastening elements

Definitions

  • An article of footwear having an upper secured to an outsole in combination having three toe pockets, the first toe pocket having a configuration to separately receive within a big toe of a wearer, and the second toe pocket having a configuration to separately receive within a second toe of the wearer, and the third toe pocket having a configuration to receive within the remaining third toe, fourth toe and fifth toe of the wearer.
  • footwear having an upper and an outsole in combination providing a toe cap having a structure which receives the five toes of the foot as a group.
  • footwear having a toe cap has the disadvantage of requiring all five toes of the foot to move as a group within the footwear even though the big toe is anatomically structured to move independent of the four other toes. This disadvantage has been addressed by a variety of different forms of footwear.
  • footwear having five toe pockets each having a configuration to correspondingly receive one each of five toes allows independent articulation of each toe within a corresponding toe pocket as described in United States Patent No. 7,805,860 .
  • footwear having five toe pockets may have the disadvantage of forcing the toes to move independently of each other, even though the four most lateral toes of the human foot share common musculature and tendons and generally move together as one group.
  • footwear having four toe pockets with the most medial three toe pockets correspondingly structured to receive one each of the big toe and the adjacent two toes and the most lateral of the four toe pockets structured to receive the most lateral two toes of the human as one group is shown in United States Design Patent No. D639,535 ; however, this structure may not advantage movement of the three most lateral toes of the human foot as one group consistent with the shared musculature and tendons.
  • footwear having two toe pockets with the most medial first toe pocket correspondingly structured to be received the big toe and the second toe pocket correspondingly structured to receive the remaining four toes of the human foot as group is shown by United States Patent 7,971,374 .
  • the four toes of the human foot located within one toe pocket may be disadvantaged by a loss of prehensility, or loss of grasp between the big toe and the second toe.
  • document WO 2005/074737 A1 discloses an article of footwear (10) for sand sports that includes an outsole (24) and an upper (22) secured to the outsole.
  • the upper has a first toe pocket (32) configured to receive a big toe of a user and a second toe pocket (34) configured to receive at least some of the remaining toes of the user.
  • a wrap extends (38) around a midfoot portion of the outsole and the upper, and around a heel portion of the upper.
  • a plurality of cleats (60) may be secured to a lower surface of the outsole.
  • a five toe shoe comprises: an upper which is made out of a moisture-permeable fiber material and has a toe area to encase each toe separately according to the shape; an insole which is made out of a porous material; a midsole which is placed underneath the insole and has a metal mesh to allow water in the shoe to exit therethrough; and an outsole which has a drain formed in coincidence with the metal mesh of the midsole and a toe area for each toe separately according to the shape, being connected to the toe area of the upper in a one-to-one correspondence therebetween.
  • five toe shoes may contribute greatly to foot health of wearers by improving breathability as water from the inside of the shoes drains naturally by gravity via the insole, midsole and outsole and evaporates quickly through the upper at the same time, and offer more convenience in activities with the toe area encasing each toe separately according to the shape.
  • the invention relates to an article of footwear as specified in appended independent claim 1. Preferred embodiments of the invention are disclosed in the dependent claims.
  • the footwear (1) has a medial side (9) (the inner side) and a lateral side (10) (or outer side).
  • the portions (4)(7)(8) are not intended to demarcate precise areas of the footwear (1), but are intended to represent general areas of the footwear (1) that provide reference for the following description.
  • the footwear (1) as shown in Figure 1 is disposed substantially horizontally with the lateral side (10) in the foreground, as it would be positioned on a horizontal support surface (not shown) when worn by a wearer (81). However, it is to be appreciated that the footwear (1) need not be limited to such an orientation.
  • the human foot (6) is shown in Figure 1 and Figure 2 by broken line inside of the footwear (1) and parts thereof identified by the use of numerical indicators at the end of leader lines rendered in broken line.
  • the footwear (1) includes an upper (2).
  • the upper (2) refers to the part or parts of the footwear (1) that cover the toes (12), the top of the foot (13), the sides of the foot (14), and the back of the heel (15).
  • the upper (2) can be cut from a single piece, or a plurality of pieces of material.
  • the heel portion (8) of the upper (2) terminates in a top line (16) which can surround the ankle (17) of the (81) (as shown in the example of Figure 1 ) or may extend further up the leg (18) of the wearer (81) depending upon the embodiment.
  • a collar (19) can be joined to the top line (16) of the upper (2).
  • the collar (19) can be made of a stretchable material which conforms to the wearer's (81) foot (6), ankle (17) or leg (18).
  • the collar (19) can be releasably adjustable to allow the amount of open area (20) defined by the periphery of the collar (19) (as shown in the example of Figure 2 ) to be altered or adjusted by the wearer (81).
  • the collar (19) can have a passage (21) configured to receive a cord (22) or drawstring.
  • the drawstring (22) can have adjustable length such that amount of open area (20) defined by the collar (19) can be selected by the wearer (81) by adjusting and fixing the length of the drawstring (22).
  • the length of the drawstring (22) can be fixed by a drawstring fastener (23) which can take any of a wide variety of forms including for example, tied ends of the drawstring (22), or a sliding spring loaded cord clamp (24) (as shown in the examples of Figures 1 and 2 ).
  • the upper (2) can be secured by the periphery to an outsole (3).
  • the outsole (3) (or sole) refers to the part of the footwear (1) that comes into contact with the support surface during normal use.
  • the outsole (3) can be made from one piece from a plurality of pieces.
  • the heel portion (8) of outsole (3) may be made of a different material than the midfoot portion (7) or forefoot portion (5).
  • the outsole (3) can be secured to the upper (2) by an adhesive, stitching, or other suitable securement means.
  • the outsole (3) can be made from natural materials such as leather or natural rubber, or from synthetic materials such as styrene butadiene rubber, nitrile-butdiene rubber, polyvinyl chloride, polyurethane, neoprene, polyether, polyester, or the like, or combinations thereof, whether as a solid material or as a foam, thermofoam, closed cell foam, or layers or combinations thereof.
  • a raised tread pattern (25) demarcated by tread grooves (26) can extend over substantially the whole of the bottom of the outsole (3). While the invention is not limited to any particular raised tread pattern (25) and particular embodiments may be without any raised tread pattern (25), the raised tread pattern (25) can take the form of a crosshatch (27) (as shown in the example of Figure 4 ).
  • the outsole (3) can further provide one or more flex groove(s) (28) which can extend partially across or extend substantially across the entire width of the outsole (3) between the medial side (9) and lateral side (10) of the footwear (1).
  • the flex groove (28) can be generally aligned with the joint line (29) of the medial metatarsal phalanges of the foot (6) (as shown in the example of Figure 1 ) to enhance flexibility of the outsole (3) at a location which aids in natural foot motion.
  • the upper (1) secured to the outsole (3) in combination can have three toe pockets (29)(30)(31).
  • the first toe pocket (29) has a configuration to separately receive inside a first toe (32) of the wearer (81).
  • the first toe (32) being the most medial toe of the foot (6) (also referred to as the "big toe” or "hallux").
  • the second toe pocket (30) has a configuration to separately receive inside a second toe (33) of the wearer (81).
  • the second toe (33) being the located next to the first toe (32) (also referred to as the "long toe”).
  • the third toe pocket (31) has a configuration to receive inside the remaining third toe (34), fourth toe (35) and fifth toe (36) (also referred to as the "little toe” and being most distal from the first toe (32)).
  • the big toe (31) is primarily flexed by the flexor hallucis longus muscle, located in the deep posterior of the lower leg (18), via the flexor hallucis longus tendon. Additional flexion control is provided by the flexor hallucis brevis. It is extended by the abductor hallucis muscle and the adductor hallucis muscle. The big toe (31) can be moved independently of the remaining or other toes (33)(34)(35)(36).
  • a separate first toe pocket (29) allows the first toe (32) (the "big toe") to be separately received within the footwear (1) to maintain movement in a toe which naturally moves independently of the other toes (33)(34)(35)(36).
  • the second toe (33), third toe (34), fourth toe (35) and fifth toe (36) the flexor digitorum brevis muscle and the extensor digitorum brevis muscle and the flexor tendons are shared, making these toes (33)(34)(35)(36) generally move as one unit. However, some prehensility, or grasping capability, in these toes still exists.
  • the upper (2) of at least one of the three toe pockets (29)(30)(31) can include a toe top portion (37)(38)(39) in combination with a toe side portion (40)(41)(42).
  • the toe side portions (40)(41)(42) can be secured to the outsole (3) and extend upwardly to correspondingly connect to the toe top portions (37)(38)(39).
  • the first toe pocket (29) can have a first toe top portion (37) configured to generally overlay the top (43) of the first toe (32) received inside of the first toe pocket (29) and a first toe side portion (40) which surrounds the medial side (44), front side (45) and lateral side (46) of the first toe pocket (29).
  • the second toe pocket (30) can have a second top toe portion (38) of the upper (2) which generally overlays the top (47) of the second toe (33) received inside of the second toe pocket (30) and a corresponding second toe side portion (41) that surrounds the medial side (48), front side (49) and lateral side (50) of the second toe pocket (30).
  • the third toe pocket (31) can have a third top toe portion (51) of the upper (2) which generally overlays the top (52) of the third toe (34), fourth toe (35), and fifth toe (36) received inside of the third toe pocket (31) and a corresponding third toe side portion (42) that surrounds the medial side (53), front side (54) and lateral side (55) of the third toe pocket (31).
  • the outsole (3) does not need to extend substantially upward and does not need to overlay any one of the toes (32)(33)(34)(35)(36).
  • the outsole (3) can extend upward at the front well below or reside at about the midline of each of the toes (32)(33)(34)(35)(36) with the toe side portions (40)(41)(42) of the upper (2) extending upward to join the corresponding toe top portions (37)(38)(39).
  • This structure allows each of toes (32)(33)(34)(35)(36) to move forward in the footwear (11) without the toe end (56) being forcibly urged against the inside of the outsole (3). Rather, the corresponding side toe portion (40)(41)(42) when made from a flexible textile material can stretchably engage one or more toe ends (56) reducing force applied to the toe end (56) without substantial loss of force of the toe downwardly against the outsole (3). This structure can avoid or reduce injury to the toe end(s) (56) or the corresponding toe nail(s) (57).
  • one or more of the three toe pockets (29)(30)(31) can further include one or more flex elements (58) disposed in the flexible textile material of one or more of the top toe portions (37)(38)(39) of the upper (2) which can extend partially across or extend substantially across the entire width of the top toe portion (37)(38)(39) between the medial side and lateral side of the each corresponding toe pockets (29)(30)(31).
  • the one or more flex elements (58) allows the top toe portion (37)(38)(39) of the upper (2) to flex more readily upon flexure of the outsole (3).
  • embodiments of the footwear (1) can further include a releasably securable strap (59) extending over the upper (2), a first end (60) of the strap (59) being secured to a medial side (9) of the upper (2) and a second end (61) of the strap (59) releasably secures to a lateral side (10) of the upper (2).
  • Releasable securement of the strap (59) can be in the form of mated halves of a strap fastener (62) whether mechanical or by the matable surfaces of a hook material (63) with a loop material (64) (as shown in the example of Figure 1 ).
  • the releasably secured strap (59) can include a first portion (65) having a first end (66) and a second end (67) with the first end (66) secured to the medial side (9) of the upper (2).
  • a ring (68) (whether elongate as shown in the example of Figure 2 or other configuration such as a d-ring or circular ring) can be coupled to the second end (67) of said first portion (65).
  • a second portion (69) can have a medial portion (70) disposed between a first end (71) and a second end (72) with the first end (71) being secured to the lateral side (10) of the upper (2).
  • the second portion (69) can extend through the ring (68) and the second end (72) can releasably secured to the medial portion (70) of the second portion (69). Understandably, other forms of a releasably securable strap (59) can be utilized with embodiments of the footwear (11).
  • the footwear (1) includes an insole (73) secured to the outsole (3) in combination having at least one aperture (74) which fluidly communicates between inside of said footwear (1) and the outside of the footwear (11).
  • the at least one aperture (74) can be a plurality of apertures (74) generally located in the midfoot portion (7) of the footwear (1). While the invention is not so limited, one or more or all of the plurality of apertures (74) can generally be in the form of a parallelogram (75), each parallelogram (75) having a first pair of opposed angles (76) and a second pair of opposed angles (77), the first pair of opposed angles (76) of lesser degree angle (78) than said second pair of opposed angles (77).
  • a mesh material (79) is disposed between the outsole (3) and said insole (73).
  • the mesh material (79) has mesh openings (80) sufficient in area to allow an amount of fluid to pass through one or more of the plurality of apertures (74), but can be sufficiently small in area to exclude the passage of granulated material, such as gravel or sand.
  • the mesh openings (80) can be generally square form having a sieve size in a range of between about 0.5 millimeters and about 1.0 millimeters.
  • the term "fluid” means any substance whether solid or gas flowable through one or more of the apertures.
  • the term “fluid” encompasses, without limitation to the broad scope of the definition: atmospheric gases, water, particles sufficiently fine to pass through the mesh openings (80).
  • a wearer (81) can insert a foot (6) inside of an upper (2) secured to an outsole (3), in combination having three toe pockets (29)(30)(31).
  • the wearer (81) can locate a first toe (32) separately in the first toe pocket (29) and locate the second toe (33) separately in a second toe pocket (30).
  • the wearer (81) can locate the remaining three toes (34)(35)(36) (third toe, fourth toe and fifth toe) in the third toe pocket (31).
  • At least one of the three toe pockets (29)(30)(31) can have the upper (2) including a top toe portion (37)(38)(39) and a corresponding side toe portion (40)(41)(42) and the wearer (11) can locate the toes (32)(33)(34)(35)(36) in the corresponding one of the three toe pockets (29)(30)(31) such that the corresponding top toe portions (37)(38)(39) generally overlay a top (43)(47) of each toe (12) and the toe side portions (40)(42)(43) generally surrounds the toe (12) or toes received inside of toe pocket (29)(30)(31).
  • the footwear (1) can be secured about the wearer's (81) foot (6).
  • the wearer (81) can releasably secure a strap (59) extending over the upper (2).
  • the first end (60) of the strap (59) being secured to a medial side (9) of the upper (2) and the second end (61) of the strap (59) being releasably secured by the wearer (11) to a lateral side (10) of the upper (2) by a strap fastener (62).
  • the wearer (11) can engage the matable portions of a loop material (64) coupled to the lateral side (10) of the upper (2) to a hook material (63) coupled proximate the second end (67) of the strap (59); however, it is appreciated that the strap fastener (62) can take many different forms.
  • the wearer (81) can releasably secure an embodiment of the strap (59) which includes a first portion (65) secured by a first end (66) to the medial side (9) of the footwear (1).
  • the ring (68) as above described can be secured to second end (67) of the first portion (65).
  • a second portion (69) having a medial portion (70) disposed between a first end (71) and a second end (72) can have the first end (71) secured to the lateral side (10) of the upper (2).
  • the wearer (11) can pass the second end (72) through the ring (68) and releasably secure the second end (72) to the medial portion (70) of said second portion (69) by mated engagement of the parts of the strap fastener (62), which as to certain embodiments can be mated hook an loop materials (63)(64).
  • the wearer (81) locate the collar (19) coupled to the top line (16) of the upper (3) to surround the leg (18), which as to certain embodiments can be below the ankle (17), at the ankle (17) or above the ankle (17).
  • the collar (19) can elastically engage the portion of the leg (18) and re-conform to the leg (18) as it moves.
  • the wearer (11) can adjust the amount of open area (20) defined by the collar (19) joined to the top line (16) of the upper (2) by adjusting the length of a drawstring (22) located inside of a passage (21) within the collar (19).
  • the method of using the footwear (1) can further include transfer of an amount of fluid from inside the footwear (1) to outside of the footwear (1) through at least one aperture (74) fluidly communicating between surfaces of the insole (73) secured in combination to the outsole (3).
  • each element of an apparatus or each step of a method may be described by an apparatus term or method term. Such terms can be substituted where desired to make explicit the implicitly broad coverage to which this invention is entitled. As but one example, it should be understood that all steps of a method may be disclosed as an action, a means for taking that action, or as an element which causes that action. Similarly, each element of an apparatus may be disclosed as the physical element or the action which that physical element facilitates.
  • a "flex element” should be understood to encompass disclosure of the act of "flexing" -- whether explicitly discussed or not -- and, conversely, were there effectively disclosure of the act of "flexing", such a disclosure should be understood to encompass disclosure of a “flex element” and even a “means for flexing.”
  • Such alternative terms for each element or step are to be understood to be explicitly included in the description.
  • the term “a” or “an” entity refers to one or more of that entity unless otherwise limited. As such, the terms “a” or “an”, “one or more” and “at least one” can be used interchangeably herein.

Description

    I. TECHNICAL FIELD
  • An article of footwear having an upper secured to an outsole in combination having three toe pockets, the first toe pocket having a configuration to separately receive within a big toe of a wearer, and the second toe pocket having a configuration to separately receive within a second toe of the wearer, and the third toe pocket having a configuration to receive within the remaining third toe, fourth toe and fifth toe of the wearer.
  • II. BACKGROUND
  • Typically, footwear having an upper and an outsole in combination providing a toe cap having a structure which receives the five toes of the foot as a group. However, footwear having a toe cap has the disadvantage of requiring all five toes of the foot to move as a group within the footwear even though the big toe is anatomically structured to move independent of the four other toes. This disadvantage has been addressed by a variety of different forms of footwear.
  • As a first illustrative example, footwear having five toe pockets each having a configuration to correspondingly receive one each of five toes allows independent articulation of each toe within a corresponding toe pocket as described in United States Patent No. 7,805,860 . However, footwear having five toe pockets may have the disadvantage of forcing the toes to move independently of each other, even though the four most lateral toes of the human foot share common musculature and tendons and generally move together as one group.
  • As a second illustrative example, footwear having four toe pockets with the most medial three toe pockets correspondingly structured to receive one each of the big toe and the adjacent two toes and the most lateral of the four toe pockets structured to receive the most lateral two toes of the human as one group is shown in United States Design Patent No. D639,535 ; however, this structure may not advantage movement of the three most lateral toes of the human foot as one group consistent with the shared musculature and tendons.
  • As a third illustrative example, footwear having two toe pockets with the most medial first toe pocket correspondingly structured to be received the big toe and the second toe pocket correspondingly structured to receive the remaining four toes of the human foot as group is shown by United States Patent 7,971,374 . However, the four toes of the human foot located within one toe pocket may be disadvantaged by a loss of prehensility, or loss of grasp between the big toe and the second toe.
  • Additionally, document WO 2005/074737 A1 discloses an article of footwear (10) for sand sports that includes an outsole (24) and an upper (22) secured to the outsole. The upper has a first toe pocket (32) configured to receive a big toe of a user and a second toe pocket (34) configured to receive at least some of the remaining toes of the user. A wrap extends (38) around a midfoot portion of the outsole and the upper, and around a heel portion of the upper. A plurality of cleats (60) may be secured to a lower surface of the outsole.
  • Furthermore, document US 2011/005105 A1 relates to five toe shoes for protecting feet while working or taking part in leisure activities on land or water and in the mountains. In particular, a five toe shoe comprises: an upper which is made out of a moisture-permeable fiber material and has a toe area to encase each toe separately according to the shape; an insole which is made out of a porous material; a midsole which is placed underneath the insole and has a metal mesh to allow water in the shoe to exit therethrough; and an outsole which has a drain formed in coincidence with the metal mesh of the midsole and a toe area for each toe separately according to the shape, being connected to the toe area of the upper in a one-to-one correspondence therebetween. Thus, five toe shoes may contribute greatly to foot health of wearers by improving breathability as water from the inside of the shoes drains naturally by gravity via the insole, midsole and outsole and evaporates quickly through the upper at the same time, and offer more convenience in activities with the toe area encasing each toe separately according to the shape.
  • Accordingly, there would be an advantage in footwear structured to allow independent articulation of the big toe and the adjacent second toe while maintaining common movement among the remaining three toes.
  • III. DISCLOSURE OF THE INVENTION
  • The invention relates to an article of footwear as specified in appended independent claim 1. Preferred embodiments of the invention are disclosed in the dependent claims.
  • IV. BRIEF DESCRIPTION OF THE DRAWINGS
    • Figure 1 is a top front perspective view of a particular embodiment of the inventive three toe pocket shoe having inserted within the foot of a wearer (shown in broken line) showing that the first toe inserts into a first toe pocket, the second toe inserts into a second toe pocket, and the third toe, fourth toe and fifth toe all insert into a third pocket.
    • Figure 2 is a top view a particular embodiment of the inventive three toe pocket shoe having inserted within the foot of a wearer (shown in broken line) showing that the first toe inserts into a first toe pocket, the second toe inserts into a second toe pocket, and the third toe, fourth toe and fifth toe all insert into a third pocket.
    • Figure 3 is a top view of a particular embodiment of the inventive three toe pocket shoe having a portion of the vamp or upper part removed to show the drainage system which provides apertures that fluidly couple the internal surface of the insole with the external surface of the outsole to allow passage of fluid from inside the shoe to outside the shoe.
    • Figure 4 is a bottom view of a particular embodiment of the inventive three toe pocket shoe which shows the external surface of the outsole and apertures that fluidly couple the external surface of the outsole to the internal surface of the insole to allow passage of fluid from inside the shoe to outside the shoe.
    • Figure 5 is an enlarged view of cross section 5-5 shown in Figure 3.
    V. MODE(S) FOR CARRYING OUT THE INVENTION
  • Generally, an article of footwear (1) as shown in Figures 1 through 5 having an upper (2) secured to an outsole (3), which in combination, defines three general portions of the footwear (1): a forefoot portion (4) configured to receive inside the forefoot (5) of the human foot (6), a midfoot portion (7) configured to receive inside the portion of the human foot (6) between the forefoot (5) and the heel (11) of the human foot (6), and a heel portion (8) configured to receive the heel (11) of the human foot (6) (as shown in the example of Figure 2) (for clarity leader lines indicating a part of the human foot (6) are shown in broken line). The footwear (1) has a medial side (9) (the inner side) and a lateral side (10) (or outer side). The portions (4)(7)(8) are not intended to demarcate precise areas of the footwear (1), but are intended to represent general areas of the footwear (1) that provide reference for the following description. The footwear (1) as shown in Figure 1 is disposed substantially horizontally with the lateral side (10) in the foreground, as it would be positioned on a horizontal support surface (not shown) when worn by a wearer (81). However, it is to be appreciated that the footwear (1) need not be limited to such an orientation. The human foot (6) is shown in Figure 1 and Figure 2 by broken line inside of the footwear (1) and parts thereof identified by the use of numerical indicators at the end of leader lines rendered in broken line.
  • Now referring primarily to Figures 1 and 2, the footwear (1) includes an upper (2). The upper (2) refers to the part or parts of the footwear (1) that cover the toes (12), the top of the foot (13), the sides of the foot (14), and the back of the heel (15). Depending on the embodiment of the footwear (1) the upper (2) can be cut from a single piece, or a plurality of pieces of material. The heel portion (8) of the upper (2) terminates in a top line (16) which can surround the ankle (17) of the (81) (as shown in the example of Figure 1) or may extend further up the leg (18) of the wearer (81) depending upon the embodiment. A collar (19) can be joined to the top line (16) of the upper (2). The collar (19) can be made of a stretchable material which conforms to the wearer's (81) foot (6), ankle (17) or leg (18). As to other embodiments, the collar (19) can be releasably adjustable to allow the amount of open area (20) defined by the periphery of the collar (19) (as shown in the example of Figure 2) to be altered or adjusted by the wearer (81). As shown by the examples of Figures 1 and 2, the collar (19) can have a passage (21) configured to receive a cord (22) or drawstring. The drawstring (22) can have adjustable length such that amount of open area (20) defined by the collar (19) can be selected by the wearer (81) by adjusting and fixing the length of the drawstring (22). The length of the drawstring (22) can be fixed by a drawstring fastener (23) which can take any of a wide variety of forms including for example, tied ends of the drawstring (22), or a sliding spring loaded cord clamp (24) (as shown in the examples of Figures 1 and 2).
  • Now referring primarily to Figures 1, 2, and 4, the upper (2) can be secured by the periphery to an outsole (3). The outsole (3) (or sole) refers to the part of the footwear (1) that comes into contact with the support surface during normal use. The outsole (3) can be made from one piece from a plurality of pieces. As to certain embodiments the heel portion (8) of outsole (3) may be made of a different material than the midfoot portion (7) or forefoot portion (5). The outsole (3) can be secured to the upper (2) by an adhesive, stitching, or other suitable securement means. The outsole (3) can be made from natural materials such as leather or natural rubber, or from synthetic materials such as styrene butadiene rubber, nitrile-butdiene rubber, polyvinyl chloride, polyurethane, neoprene, polyether, polyester, or the like, or combinations thereof, whether as a solid material or as a foam, thermofoam, closed cell foam, or layers or combinations thereof.
  • Now referring primarily to Figure 4, a raised tread pattern (25) demarcated by tread grooves (26) can extend over substantially the whole of the bottom of the outsole (3). While the invention is not limited to any particular raised tread pattern (25) and particular embodiments may be without any raised tread pattern (25), the raised tread pattern (25) can take the form of a crosshatch (27) (as shown in the example of Figure 4). The outsole (3) can further provide one or more flex groove(s) (28) which can extend partially across or extend substantially across the entire width of the outsole (3) between the medial side (9) and lateral side (10) of the footwear (1). As shown by the example of Figure 4, the flex groove (28) can be generally aligned with the joint line (29) of the medial metatarsal phalanges of the foot (6) (as shown in the example of Figure 1) to enhance flexibility of the outsole (3) at a location which aids in natural foot motion.
  • Again referring primarily to Figures 1 and 2, the upper (1) secured to the outsole (3) in combination can have three toe pockets (29)(30)(31). The first toe pocket (29) has a configuration to separately receive inside a first toe (32) of the wearer (81). The first toe (32) being the most medial toe of the foot (6) (also referred to as the "big toe" or "hallux"). The second toe pocket (30) has a configuration to separately receive inside a second toe (33) of the wearer (81). The second toe (33) being the located next to the first toe (32) (also referred to as the "long toe"). The third toe pocket (31) has a configuration to receive inside the remaining third toe (34), fourth toe (35) and fifth toe (36) (also referred to as the "little toe" and being most distal from the first toe (32)).
  • There can be an advantage in providing three toe pockets (29)(30)(31) as above-described. First, the big toe (31) is primarily flexed by the flexor hallucis longus muscle, located in the deep posterior of the lower leg (18), via the flexor hallucis longus tendon. Additional flexion control is provided by the flexor hallucis brevis. It is extended by the abductor hallucis muscle and the adductor hallucis muscle. The big toe (31) can be moved independently of the remaining or other toes (33)(34)(35)(36). Therefore, a separate first toe pocket (29) allows the first toe (32) (the "big toe") to be separately received within the footwear (1) to maintain movement in a toe which naturally moves independently of the other toes (33)(34)(35)(36). As to the second toe (33), third toe (34), fourth toe (35) and fifth toe (36) the flexor digitorum brevis muscle and the extensor digitorum brevis muscle and the flexor tendons are shared, making these toes (33)(34)(35)(36) generally move as one unit. However, some prehensility, or grasping capability, in these toes still exists. Second, providing a separate second toe pocket (30) allows the second toe (33) to be separately received with in the footwear (1) to allow use of prehensility of the second toe (33) in conjunction with the opposed movement of the first toe (32) separate of the remaining three toes (34)(35)(36). Third, providing a separate third toe pocket (31) allows the third toe (34), fourth toe (35) and fifth toe (26) to be received as a group within one toe pocket to facilitate the movement of these toes (34)(35)(36) as a group inside of the footwear (1), consistent with sharing of the musculature and tendons, as above-described, which is lacking in footwear having individual toe pockets for each toe or may be disadvantaged by footwear having four toe pockets.
  • Again referring primarily to Figures 1 and 2, as to particular embodiments, the upper (2) of at least one of the three toe pockets (29)(30)(31) can include a toe top portion (37)(38)(39) in combination with a toe side portion (40)(41)(42). As to these embodiments, the toe side portions (40)(41)(42) can be secured to the outsole (3) and extend upwardly to correspondingly connect to the toe top portions (37)(38)(39). Now referring to the example provided by Figure 1, the first toe pocket (29) can have a first toe top portion (37) configured to generally overlay the top (43) of the first toe (32) received inside of the first toe pocket (29) and a first toe side portion (40) which surrounds the medial side (44), front side (45) and lateral side (46) of the first toe pocket (29). Similarly, the second toe pocket (30) can have a second top toe portion (38) of the upper (2) which generally overlays the top (47) of the second toe (33) received inside of the second toe pocket (30) and a corresponding second toe side portion (41) that surrounds the medial side (48), front side (49) and lateral side (50) of the second toe pocket (30). Again, similarly, the third toe pocket (31) can have a third top toe portion (51) of the upper (2) which generally overlays the top (52) of the third toe (34), fourth toe (35), and fifth toe (36) received inside of the third toe pocket (31) and a corresponding third toe side portion (42) that surrounds the medial side (53), front side (54) and lateral side (55) of the third toe pocket (31).
  • Providing one or more of the tree toe pockets (29)(30)(31) having the form of a toe top portion (37)(38)(39) and toe side portion (40)(41)(42) provides certain advantages. First, the outsole (3) does not need to extend substantially upward and does not need to overlay any one of the toes (32)(33)(34)(35)(36). The outsole (3) can extend upward at the front well below or reside at about the midline of each of the toes (32)(33)(34)(35)(36) with the toe side portions (40)(41)(42) of the upper (2) extending upward to join the corresponding toe top portions (37)(38)(39). This structure allows each of toes (32)(33)(34)(35)(36) to move forward in the footwear (11) without the toe end (56) being forcibly urged against the inside of the outsole (3). Rather, the corresponding side toe portion (40)(41)(42) when made from a flexible textile material can stretchably engage one or more toe ends (56) reducing force applied to the toe end (56) without substantial loss of force of the toe downwardly against the outsole (3). This structure can avoid or reduce injury to the toe end(s) (56) or the corresponding toe nail(s) (57).
  • Again referring primarily to Figures 1 and 2, one or more of the three toe pockets (29)(30)(31) can further include one or more flex elements (58) disposed in the flexible textile material of one or more of the top toe portions (37)(38)(39) of the upper (2) which can extend partially across or extend substantially across the entire width of the top toe portion (37)(38)(39) between the medial side and lateral side of the each corresponding toe pockets (29)(30)(31). The one or more flex elements (58) allows the top toe portion (37)(38)(39) of the upper (2) to flex more readily upon flexure of the outsole (3).
  • Again referring primarily to Figures 1 and 2, embodiments of the footwear (1) can further include a releasably securable strap (59) extending over the upper (2), a first end (60) of the strap (59) being secured to a medial side (9) of the upper (2) and a second end (61) of the strap (59) releasably secures to a lateral side (10) of the upper (2). Releasable securement of the strap (59) can be in the form of mated halves of a strap fastener (62) whether mechanical or by the matable surfaces of a hook material (63) with a loop material (64) (as shown in the example of Figure 1). As to other embodiments, the releasably secured strap (59) can include a first portion (65) having a first end (66) and a second end (67) with the first end (66) secured to the medial side (9) of the upper (2). A ring (68) (whether elongate as shown in the example of Figure 2 or other configuration such as a d-ring or circular ring) can be coupled to the second end (67) of said first portion (65). A second portion (69) can have a medial portion (70) disposed between a first end (71) and a second end (72) with the first end (71) being secured to the lateral side (10) of the upper (2). The second portion (69) can extend through the ring (68) and the second end (72) can releasably secured to the medial portion (70) of the second portion (69). Understandably, other forms of a releasably securable strap (59) can be utilized with embodiments of the footwear (11).
  • Now referring primarily to Figures 3, 4 and 5, the footwear (1) includes an insole (73) secured to the outsole (3) in combination having at least one aperture (74) which fluidly communicates between inside of said footwear (1) and the outside of the footwear (11). As shown in Figures 3 and 4, the at least one aperture (74) can be a plurality of apertures (74) generally located in the midfoot portion (7) of the footwear (1). While the invention is not so limited, one or more or all of the plurality of apertures (74) can generally be in the form of a parallelogram (75), each parallelogram (75) having a first pair of opposed angles (76) and a second pair of opposed angles (77), the first pair of opposed angles (76) of lesser degree angle (78) than said second pair of opposed angles (77). A mesh material (79) is disposed between the outsole (3) and said insole (73). The mesh material (79) has mesh openings (80) sufficient in area to allow an amount of fluid to pass through one or more of the plurality of apertures (74), but can be sufficiently small in area to exclude the passage of granulated material, such as gravel or sand. As to particular embodiments, the mesh openings (80) can be generally square form having a sieve size in a range of between about 0.5 millimeters and about 1.0 millimeters. The term "fluid" means any substance whether solid or gas flowable through one or more of the apertures. For example, the term "fluid" encompasses, without limitation to the broad scope of the definition: atmospheric gases, water, particles sufficiently fine to pass through the mesh openings (80).
  • Now referring primarily to Figures 1 and 2, which show a method of using embodiments of the inventive footwear (1), a wearer (81) can insert a foot (6) inside of an upper (2) secured to an outsole (3), in combination having three toe pockets (29)(30)(31). The wearer (81) can locate a first toe (32) separately in the first toe pocket (29) and locate the second toe (33) separately in a second toe pocket (30). The wearer (81) can locate the remaining three toes (34)(35)(36) (third toe, fourth toe and fifth toe) in the third toe pocket (31). As to particular embodiments, at least one of the three toe pockets (29)(30)(31) can have the upper (2) including a top toe portion (37)(38)(39) and a corresponding side toe portion (40)(41)(42) and the wearer (11) can locate the toes (32)(33)(34)(35)(36) in the corresponding one of the three toe pockets (29)(30)(31) such that the corresponding top toe portions (37)(38)(39) generally overlay a top (43)(47) of each toe (12) and the toe side portions (40)(42)(43) generally surrounds the toe (12) or toes received inside of toe pocket (29)(30)(31).
  • As to certain embodiments the footwear (1) can be secured about the wearer's (81) foot (6). For example, the wearer (81) can releasably secure a strap (59) extending over the upper (2). The first end (60) of the strap (59) being secured to a medial side (9) of the upper (2) and the second end (61) of the strap (59) being releasably secured by the wearer (11) to a lateral side (10) of the upper (2) by a strap fastener (62). As to certain embodiments, the wearer (11) can engage the matable portions of a loop material (64) coupled to the lateral side (10) of the upper (2) to a hook material (63) coupled proximate the second end (67) of the strap (59); however, it is appreciated that the strap fastener (62) can take many different forms.
  • As to other embodiments, the wearer (81) can releasably secure an embodiment of the strap (59) which includes a first portion (65) secured by a first end (66) to the medial side (9) of the footwear (1). The ring (68) as above described can be secured to second end (67) of the first portion (65). A second portion (69) having a medial portion (70) disposed between a first end (71) and a second end (72) can have the first end (71) secured to the lateral side (10) of the upper (2). The wearer (11) can pass the second end (72) through the ring (68) and releasably secure the second end (72) to the medial portion (70) of said second portion (69) by mated engagement of the parts of the strap fastener (62), which as to certain embodiments can be mated hook an loop materials (63)(64).
  • As to other embodiments, the wearer (81) locate the collar (19) coupled to the top line (16) of the upper (3) to surround the leg (18), which as to certain embodiments can be below the ankle (17), at the ankle (17) or above the ankle (17). As to those embodiments of the collar (19) which are elastically stretchable, the collar (19) can elastically engage the portion of the leg (18) and re-conform to the leg (18) as it moves. As to other embodiments, as shown in the example of Figure 1, the wearer (11) can adjust the amount of open area (20) defined by the collar (19) joined to the top line (16) of the upper (2) by adjusting the length of a drawstring (22) located inside of a passage (21) within the collar (19).
  • The method of using the footwear (1) can further include transfer of an amount of fluid from inside the footwear (1) to outside of the footwear (1) through at least one aperture (74) fluidly communicating between surfaces of the insole (73) secured in combination to the outsole (3).
  • As can be easily understood from the foregoing, the basic concepts of the present invention may be embodied in a variety of ways. The invention involves numerous and varied embodiments of an inventive article of footwear.
  • As such, the particular embodiments or elements of the invention disclosed by the description or shown in the figures or tables accompanying this application are not intended to be limiting, but rather exemplary of the numerous and varied embodiments generically encompassed by the invention or equivalents encompassed with respect to any particular element thereof. In addition, the specific description of a single embodiment or element of the invention may not explicitly describe all embodiments or elements possible; many alternatives are implicitly disclosed by the description and figures.
  • It should be understood that each element of an apparatus or each step of a method may be described by an apparatus term or method term. Such terms can be substituted where desired to make explicit the implicitly broad coverage to which this invention is entitled. As but one example, it should be understood that all steps of a method may be disclosed as an action, a means for taking that action, or as an element which causes that action. Similarly, each element of an apparatus may be disclosed as the physical element or the action which that physical element facilitates. As but one example, the disclosure of a "flex element" should be understood to encompass disclosure of the act of "flexing" -- whether explicitly discussed or not -- and, conversely, were there effectively disclosure of the act of "flexing", such a disclosure should be understood to encompass disclosure of a "flex element" and even a "means for flexing." Such alternative terms for each element or step are to be understood to be explicitly included in the description.
  • All numeric values herein are assumed to be modified by the term "about", whether or not explicitly indicated. For the purposes of the present invention, ranges may be expressed as from "about" one particular value to "about" another particular value. When such a range is expressed, another embodiment includes from the one particular value to the other particular value. The recitation of numerical ranges by endpoints includes all the numeric values subsumed within that range. A numerical range of one to five includes for example the numeric values 1, 1.5, 2, 2.75, 3, 3.80, 4, 5, and so forth. It will be further understood that the endpoints of each of the ranges are significant both in relation to the other endpoint, and independently of the other endpoint. When a value is expressed as an approximation by use of the antecedent "about," it will be understood that the particular value forms another embodiment. The term "about" generally refers to a range of numeric values that one of skill in the art would consider equivalent to the recited numeric value or having the same function or result. Similarly, the antecedent "substantially" means largely, but not wholly, the same form, manner or degree and the particular element will have a range of configurations as a person of ordinary skill in the art would consider as having the same function or result. When a particular element is expressed as an approximation by use of the antecedent "substantially," it will be understood that the particular element forms another embodiment.
  • Moreover, for the purposes of the present invention, the term "a" or "an" entity refers to one or more of that entity unless otherwise limited. As such, the terms "a" or "an", "one or more" and "at least one" can be used interchangeably herein.

Claims (15)

  1. An article of footwear (1), comprising an upper secured to an outsole (3) in combination having three toe pockets (29)(30)(31), wherein a first toe pocket (29) has a configuration to separately receive within a big toe (32) of a wearer (81), and wherein a second toe pocket (30) has a configuration to separately receive within a second toe (33) of said wearer (81), and wherein a third toe pocket (31) has a configuration to receive within the remaining third toe (34), fourth toe (35) and fifth toe (36) of said wearer (81);
    an insole (73) secured to said outsole (3) in combination having at least one aperture (74) which fluidly communicates between inside of and outside of said article of footwear (1); and
    a mesh material (79) disposed between said outsole (3) and said insole (73), said mesh material (79) having mesh openings (80) sufficient in area to allow an amount of fluid to pass through said at least one aperture (74).
  2. The article of footwear (1) of claim 1, wherein said upper (2) of at least one of said three toe pockets (29)(30)(31) includes a toe top portion (37)(38)(39) and a toe side portion (40)(41)(42), said toe side portion (40)(41)(42) secured to said outsole (3) and extending upwardly to connect to said toe top portion (37)(38)(39).
  3. The article of footwear (1) of claim 2, wherein said toe side portion (40)(41)(42) extends upwardly from said outsole (3) about the medial side (44)(48)(53), front side (45)(49)(54) and lateral side (46)(50)(55) of said at least one of said three toe pockets (29)(30)(31).
  4. The article of footwear (1) of claim 2, wherein said toe side portion (40)(41)(42) extends upwardly from said outsole (3) about the medial side (44)(48)(53), front side (45)(49)(54) and lateral side (46)(50)(55) of at least two of said three toe pockets (29)(30)(31).
  5. The article of footwear (1) of claim 2, wherein said toe side portion (40)(41)(42) extends upwardly from said outsole (3) about the medial side (44)(48)(53), front side (45)(49)(54) and lateral side (46)(50)(55) of each of said three toe pockets (29)(30)(31).
  6. The article of footwear (1) of claim 2, wherein said toe top portion (37)(38)(39) and said toe side portion (40)(41)(42) comprise a flexible textile material.
  7. The article of footwear (1) of claim 6, wherein said flexible textile material of said top toe portion (37)(38)(39) further comprises one or more flex elements (58) along which said flexible textile flexes upon flexure of said outsole (3).
  8. The article of footwear (1) of claim 1, further comprising a releasable strap (59) extending over the upper (2), a first end (60) of said strap (59) being secured to a medial side (9) of said upper (2) and a second end (61) of the strap (59) releasably secures to a lateral side (10) of said upper 2).
  9. The article of footwear (1) of claim 1, wherein said releasable strap (59) comprises:
    a) a first portion (65) having a first end (66) and a second end (67), said first end (66) secured to a medial side (9) of said upper (2);
    b) a ring (68) coupled to said second end (67) of said first portion (65); and
    c) a second portion (69) having a medial portion (70) disposed between a first end (71) and a second end (72), said first end (71) being secured to said lateral side (10) of said upper (2), said second portion (69) extending through the ring (68) and said second end (72) releasably securable to said medial portion (70) of said second portion (69).
  10. The article of footwear (1) of claim 1, further comprising a collar (19) joined to a top line (16) of said upper (2), said collar (19) releasably adjustable to alter an amount of open area (20) defined by said collar (19).
  11. The article of footwear (1) of claim 10, wherein said collar (19) has a passage (21) configured to receive a drawstring (22), said drawstring (22) having adjustable length to alter said amount of open area (20) defined by said collar (19).
  12. The article of footwear (1) of claim 1, wherein said at least one aperture (74) comprises a plurality of apertures (74).
  13. The article of footwear (1) of claim 12, wherein said plurality of apertures (74) have a location generally within the instep of said outsole (3).
  14. The article of footwear (1) of claim 13, wherein said mesh openings (80) have a generally square form having a sieve size in a range of between about 0.5 millimeters and about 1.0 millimeters.
  15. The article of footwear (1) of claim 14, wherein said plurality of apertures (74) each generally have the form of a parallelogram (75), each parallelogram having a first pair of opposed angles (76) and a second pair of opposed angles (77), said first pair of opposed angles (76) of lesser degree angle than said second pair of opposed angles (77).
EP12847936.7A 2012-02-13 2012-04-30 Three toed footwear Active EP2814351B1 (en)

Applications Claiming Priority (2)

Application Number Priority Date Filing Date Title
US13/372,414 US8991075B2 (en) 2011-11-10 2012-02-13 Three toed footwear
PCT/US2012/035799 WO2013070276A1 (en) 2011-11-10 2012-04-30 Three toed footwear

Publications (3)

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EP2814351A1 EP2814351A1 (en) 2014-12-24
EP2814351A4 EP2814351A4 (en) 2015-11-04
EP2814351B1 true EP2814351B1 (en) 2019-05-29

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Family Cites Families (4)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US7082703B2 (en) * 2004-01-30 2006-08-01 Nike, Inc. Article of footwear for sand sports
JP5368098B2 (en) * 2005-09-26 2013-12-18 ビブラム ソシエタ ペル アチオニ Footwear with toe parts that move jointly independently
KR100869451B1 (en) * 2008-03-19 2008-11-19 (주)한비트레이딩 A five toe shoes
USD639535S1 (en) * 2010-12-09 2011-06-14 Fila Luxembourg S.A.R.L. Shoe

Non-Patent Citations (1)

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EP2814351A4 (en) 2015-11-04
EP2814351A1 (en) 2014-12-24

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