Athletic shoe

Abstract

An athletic shoe configured to efficiently attenuate dorsal, anterior, posterior, lateral, medial and plantar loading forces. The shoe toebox or forefoot upper includes a cutout region through what is generally inelastic outer shoe material, across which a panel of increased stretchability extends in juxtaposition with a key shoe-foot impact or pressure engagement area. The stretchable panel forms with the cutout a porous damping ventilating passageway into which a portion of the foot can enter and pass externally of an at-rest outer peripheral surface of the shoe material surrounding the cutout. Key shoe-foot impact or pressure areas include impact areas engaged by toes of a foot sliding forward within the shoe, and pressure areas engaged by bunions and bunionettes moving outward against the sides of the shoe. Upon removal of pressure by the moving foot portion, the stretchable panel retracts, and restores the cutout region back toward its initial configuration.

Claims

1. A shoe of a type arranged and configured for use in an athletic activity proportionately arranged, sized and configured to receive a human foot, comprising: a. a sole extending along a bottom portion of the shoe; b. an upper, operatively connected to the sole, the upper including a toebox along a forward portion thereof configured to operatively enclose toes of the foot; wherein the upper and toebox have at least a portion thereof constructed of a relatively unstretchable material; c. said upper or toebox defining a cutout formed through said relatively unstretchable material; said cutout being positioned at a key shoe-foot engagement area generally aligned in juxtaposition with a toe, bunion or bunionette of said foot so as to be generally centrally engaged by an outwardly moving portion of the foot as it moves within and relative to the shoe; said cutout being configured to define a passageway through said upper or toebox material sized to allow passage of at least a leading moving portion of the toe, bunion or bunionette therethrough to an extent such that said leading toe, bunion or bunionette portion extends through and beyond the outer peripheral surface of the upper or toebox; d. a layer of stretchable material secured to the upper or toebox so as to extend across at least a maximum peripheral opening extent of the cutout, and having elasticity sufficient to enable the leading moving portion of the toe, bunion or bunionette to advance into and through the cutout passageway while imparting damping resistance to the advancing leading moving portion of the toe, bunion or bunionette; said elasticity of the stretchable material being significantly higher than that of the upper or toebox material surrounding the cutout; and e. wherein said cutout comprises at least in part, a plurality of intersecting cuts through said relatively unstretchable material such that said relatively unstretchable material is arranged between adjacent ones of said intersecting cuts in a manner so as to be pivotably movable to enlarge or reduce the size of said passageway in response to movement of said layer of stretchable material.

2. The shoe of claim 1, wherein said layer of stretchable material is capable of multi-directional stretching and can be sufficiently stretchable to enable projection of said leading moving portion of the foot to move beyond said outer peripheral surface of that portion of the upper or toebox material surrounding said cutout by any distance of up to about one inch.

3. The shoe of claim 1, wherein said stretchable layer of material retracts back to its initial configuration upon removal of pressure thereto from said moving foot portion.

4. The shoe of claim 1, wherein said stretchable layer of material comprises porous material through which air can pass into and out of said shoe.

5. The shoe of claim 1, wherein said stretchable layer of material is secured to the material of said upper or toebox that surrounds said cutout.

6. The shoe of claim 1, wherein said layer of stretchable material has elasticity sufficient to enable an outer surface of said layer of stretchable material to be pushed through said cutout passageway by said outwardly moving portion of said foot, beyond said outer peripheral surface of said upper or toebox by at least inch or more.

7. The shoe of claim 1, wherein said layer of stretchable material has elasticity sufficient to enable an outer surface of said layer of stretchable material to be pushed through said cutout passageway by said outwardly moving portion of said foot, beyond said outer peripheral surface of said upper or toebox by at least inch or more.

8. The shoe of claim 1, wherein said layer of stretchable material has elasticity sufficient to enable an outer surface of said layer of stretchable material to be pushed through said cutout passageway by said outwardly moving portion of said foot, beyond said outer peripheral surface of said upper or toebox by at least inch or more.

9. The shoe of claim 1, wherein said cutout is defined at least in part by a portion of said relatively unstretchable upper or toebox material being removed from said shoe.

10. The shoe of claim 1, wherein the cutout is arranged and configured to lie along the shoe upper or toebox portion that lies juxtaposed to the first or fifth MTP joint of the foot for which the shoe is sized to receive.

11. The shoe of claim 1, wherein said layer of stretchable material is secured to said portion of relatively unstretchable material of said upper or toebox.

12. The shoe of claim 1, wherein said pivotally movable relatively unstretchable material portions of said cutout are operatively connected to said layer of stretchable material.

Description

BRIEF DESCRIPTION OF THE DRAWING

(1) Referring to the Drawing, wherein like numerals represent like parts throughout the several views:

(2) FIG. 1 is a pictorial view in side elevation of a foot having a turf toe injury;

(3) FIG. 2 is a pictorial top view of a toe that has been subjected to subungual hematoma injury;

(4) FIG. 3 is a pictorial diagrammatic representation of the bottom of a foot, illustrating the sesamoid bones and the location of a sesamoditis injury on the foot;

(5) FIG. 4 is a diagrammatic representation in side view of a toe with a hammer toe deformity;

(6) FIG. 5 is a pictorial representation in top front view of a big toe having an ingrown toenail;

(7) FIG. 6 is a pictorial representation illustrating a pair of FiveFinger shoes sold by Vibram S.p.A.;

(8) FIG. 7 is a pictorial representation of an SHR-300 Road Cycling Shoe sold by Shimano, Inc.;

(9) FIG. 8 is a pictorial representation of a pair of football cleat athletic shoes incorporating the principles of this invention;

(10) FIG. 9 is a top view of one embodiment of a left foot football cleat athletic shoe incorporating the principles of this invention and illustrating the location of a cutout assembly in the toebox portion of the shoe;

(11) FIG. 10 is a diagrammatic cross-sectional view of the shoe of FIG. 9, generally taken along the Line 10-10 of FIG. 9, illustrating the position a person's foot might assume within the shoe when in a rearward resting position;

(12) FIG. 11 is a diagrammatic view of the shoe of FIG. 10, illustrating the position a person's foot might assume within the shoe when the foot slides forward within the shoe, when substantially all of the sole of the shoe rests on and fully engages a support surface;

(13) FIG. 12 is an enlarged view of the forward, toebox portion of the shoe of FIG. 11;

(14) FIG. 13 is a diagrammatic cross-sectional view of the shoe of FIG. 10, illustrating the position a person's foot might assume within the shoe when the foot slides forward within the shoe when only the forward portion of the sole of the shoe engages a support surface;

(15) FIG. 14 is a top perspective view of the upper, tongue and heel counter portions of the shoe of FIG. 9, as they might appear when assembled together and prior to their collective assembly to a sole of the shoe;

(16) FIG. 15 is a diagrammatic illustration of examples of various alternative configurations of patterns of cuts made through the toebox material to form a cutout portion of the toebox;

(17) FIG. 16 is a diagrammatic illustration of examples of various alternative configurations of asterisk or starburst shaped cuts made through the toebox material to form a cutout portion of the toebox;

(18) FIG. 17 is a diagrammatic illustration of examples of various alternative configurations of shapes of holes made through the toebox material in which material has been removed from the toebox to form the cutout portions of the toebox; and

(19) FIG. 18 is a diagrammatic illustration of examples of various alternative configurations of shapes of hybrid cutout configurations formed by both removal of toebox material combined with patterned cuts through the toebox material;

(20) FIG. 19 is a diagrammatic representation in partial top view of a foot illustrating the locations of bunion and bunionette formations on the foot;

(21) FIG. 20 is a diagrammatic view in top elevation of a foot within a shoe illustrating typical positions of shoe cutouts of a first configuration of the invention for relieving shoe pressure a bunion and bunionette of the foot;

(22) FIG. 21 is a diagrammatic view in side elevation shoe and foot of FIG. 20 taken from the medial side of the foot;

(23) FIG. 21a is an enlarged fragmentary view of the cutout portion of the shoe of FIG. 21, showing the cutout as it would appear when a foot is within the shoe in a rest position within the shoe;

(24) FIG. 21b is an enlarged fragmentary view of the cutout portion of the shoe of FIG. 21, showing the cutout as it would appear when a foot within the shoe has advanced to a position causing the cutout to be deployed to an expanded configuration;

(25) FIG. 22 is a diagrammatic illustration of the shoe and foot of FIG. 21, showing the foot in an at-rest position, where substantially all of the sole of the shoe rests on and fully engages a support surface;

(26) FIG. 23 is a diagrammatic illustration of the shoe and foot of FIG. 21, showing the effect on the cutout of the shoe as pressure is exerted on the shoe by a bunion of the foot as the foot moves outwardly against the side of the shoe when only a forward portion of the sole of the shoe engages the support surface;

(27) FIG. 24 is a diagrammatic view in side elevation of the shoe and foot of FIG. 21, illustrating a first alternate configuration of the cutout portion of the shoe;

(28) FIG. 25 is a diagrammatic view in side elevation of the shoe and foot of FIG. 21, illustrating a second alternate configuration of the cutout portion of the shoe; and

(29) FIG. 26 is a diagrammatic view in side elevation of the shoe and foot of FIG. 21, illustrating a third alternate configuration of the cutout portion of the shoe.

DETAILED DESCRIPTION OF PREFERRED EMBODIMENTS

(30) An improved comfort shoe, and particularly an athletic shoe practicing the principles of this invention may be of any general construction and of materials both currently known and yet to be developed, that are suitable for use in the particular activity or sport for which the shoe will be used. For example, a shoe used for football would have materials and construction details differing from one designed for use as a tennis shoe or a basketball shoe or a walking or running shoe. All of such shoes, regardless of the activity or sport with which they will be used, generally have similar functional sections such as: a sole portion, an upper or vamp portion connected to and extending upwardly from the sole, a back or heel counter portion and a toebox portion oppositely disposed from the heel counter portion at the front end of the shoe. Such shoes may have a tongue portion extending back from the toebox toward the foot entry portion of the shoe and connecting the upper oppositely disposed lateral and medial portions of the vamp. Such shoes also may have a pair of eye stays disposed along the top portion of the vamp on opposite sides of the lateral edges of the tongue for accepting laces to tighten the shoe on a user's foot, or other appropriate closure means such as fastener straps or buckles, such as for example shown in the FIG. 7 shoe manufactured by Shimano, Inc. Current athletic shoes typically have one or more layers of midsole cushioning secured to and disposed above the sole for providing support and cushioning to the bottom of a person's foot. The bottom of the sole, typically referred to as the outsole may contain cleats or ribs or be generally flat with a unique gripping pattern of recesses suitable for engaging the particular surface for the activity or sport with which the shoe will be used. The shoe may also have an insole and may include some type of internal lining and/or padding material for receiving and engaging the wearer's foot and for preventing direct engagement of the foot with the inside surfaces of the more rigid or abrasive portions of the shoe forming the outer shell portions thereof.

(31) The forward portion of the shoe upper that overlies the sole and midsole is typically referred to as the toebox and when attached to the sole/midsole, is configured to encircle and contain the toes of the wearer's foot. This invention is directed to the construction of the toebox or forefoot upper portion of a shoe, which otherwise can be of generally any appropriate configuration and construction known in the art, or yet to be invented, and uniquely configured for use with that activity or sport with which it is associated.

(32) The invention is not limited to a shoe for any specific activity or sport, but the above examples of court and field activities such as recreational walking or running, cross-training, football, soccer, basketball, lacrosse, rugby, tennis, volleyball, cross-country running, racquetball, squash, handball and track represent the typical activities and sports to which an athletic shoe of the present invention could apply. It will be understood by those skilled in the art, that the invention is not to be limited to the above delineated activities or sports, but applies to shoes associated with all activities and sports wherein the shoe has a toebox for housing the wearer's toes, and wherein the shoe can subject the wearer's toes and other portions of the foot at key shoe-foot engagement points to pressure and impact forces from engagement with the toebox and forefoot upper as a result of foot movement within the shoe or an otherwise tight fitting shoe.

(33) Similarly, other than as specified herein, the invention is not limited to any particular materials or processes used to construct the shoe. The shoe could, for example, be constructed of rubber, leather, synthetic materials, composites, fabrics (woven or unwoven), polymers and plastics, foams, gels or combinations or hybrid configurations thereof. Generally, however, the toebox or forefoot portions of the shoe, without the present invention, would be configured from materials that are generally considered to be non-stretchable or having very limited or uniform stretch capability. This invention provides for a selected region of stretchable material forming a portion of the toebox or forefoot upper, as hereinafter described in more detail.

(34) As is the case for the use of various materials for constructing the shoe, except as otherwise recited in the claims hereof, the invention is not limited to any particular method of manufacturing or constructing the shoe. By way of example only, the shoe could be manufactured by a cold cement process, by a vulcanization process or by direct injection. Generally, the processes used to manufacture a shoe depend on the materials used, on cost factors and on the particular end use market for the shoe.

(35) The toebox or forefoot upper portions of a shoe configured according to this invention are designed and configured to allow upon forcible impact of portions of a toe or foot with the toebox or forefoot upper, movement of at least one toe or a side portion of the foot beyond the otherwise forward or lateral boundary position defined by the material forming the forward portion of the toebox or the lateral portion of the forefoot upper. Since the metatarsophalangeal (MTP) joints of the toes and particularly of the hallux or big toe are primarily subjected to injury when the foot abruptly slides within an athletic shoe, a preferred embodiment of the invention described herein will be directed to its applicability in reducing injury to the big toe. It will be understood by those skilled in the art that the invention can be selectively applied equally well to the protection of toes and parts of the foot other than the big toe. For example, since the MTP joints on the medial and lateral sides of the foot (metatarsals 1 and 5 respectively) are primarily subjected to injury when wearing narrow fitting shoes or when the foot abruptly slides within the shoe, another embodiment of the invention described herein will be directed toward reducing injury to the MTP joints at the base of the big and little toes where bunions and bunionettes form. According to these embodiments of the invention, select portions of the toebox or forefoot upper at key shoe-foot impact and pressure engagement areas of the shoe are designed and configured to provide areas of increased stretchability and low initial resistance to forward or lateral advancement of portions of the foot after they engage the toebox or upper forepart of the shoe. Such lateral and forward movement of the foot and toes may occur when the foot slides forward in the shoe as a result of an abrupt stop or cutting action taken by the wearerwherein the shoe abruptly stops moving in the forward direction, but the foot's forward and lateral momentum continues to advance the foot within the shoe such that the big toe forcibly engages the inner front surface of the toebox or the sides of the shoe exert significantly increased pressure to the bunion/bunionette areas of the foot. The invention contemplates associating such areas of increased toebox or forefront upper pressure application to the foot with creation of an opening formed or formable through the forefront upper or toebox material with an elastic panel layer or web of material secured to the toebox and extending across the opening, to receive and slow movement of the advancing foot portion as it enters and penetrates into the opening. The elastic layer or web can be constructed from porous breathable material to impede infiltration of dirt and debris into the opening while providing ventilation to the upper and toebox, and which provides damping forces to the outwardly advancing foot portions as they move into and through the opening, and which aids in restoring the opening to its original size and configuration when the foot retreats back to its normal at rest or initial position in the shoe.

(36) Referring to FIGS. 8-14, there is generally illustrated therein preferred embodiments of an athletic shoe configured for use as a football cleat that incorporates the principles of this invention which will be described in relation to orientation and movement of the big toe within the shoe. FIG. 8 is a pictorial representation of a matched pair of athletic shoes incorporating the invention. The remaining figures are directed to details of a single one of a matched pair of shoes, it being understood that the other of the matched pair of shoes is configured as a mirror image of the left shoe that is portrayed in FIGS. 9-14. It will be noted that the shoe configuration of FIG. 8 differs slightly from that of FIGS. 9-14, but both configurations incorporate the present invention.

(37) Referring to FIGS. 9-14, an athletic shoe 10 generally configured according to one embodiment of the present invention is illustrated in FIGS. 9-14. The shoe 10 is configured for use in football; however, as previously discussed, the invention is not limited to athletic shoes or to shoes used in any particular sport. Shoe 10 has an upper or vamp 12 and a sole 14. The upper 12 is joined to the sole 14 along the featherline 13 (i.e., the lower peripheral lasting margin of the upper 12). The vamp extends from a heel counter portion 16, along the outer lateral (12a) and inner medial (12b) sides of the shoe respectively, and to a toebox 20 at the forefront of the shoe and oppositely disposed from the heel counter portion 16. The vamp 12 defines an elongated throat opening 15. A shoe tongue 17 underlies the forward portion of the elongated throat opening 15 and is secured by stitching or other means along its outer peripheral front and side edges to the vamp. The rearward portion of the elongated throat opening 15 located rearward of the tongue 17 and forward of the heel counter 16 defines a leg opening 15a for accommodating the ankle and leg portions of the wearer and for providing access therethrough for receiving the wearer's foot into the internal cavity of the shoe. The toebox 20 is configured to extend over the toes of the wearer of the shoe, and is positioned to extend just forward of the metatarsophalangeal joints (MPJ) of the toes. The upper/vamp portion 12 of the shoe is preferably made of lightweight generally non-stretchable material and may comprise for example, leather or be of multi-layer or synthetic material construction.

(38) A generally U-shaped lacing hole reinforcing portion 30 is secured to the vamp 12 adjacent to and surrounding the forward portion of the throat opening 15 and is provided with a plurality of pairs of lacing holes 31, with the holes of each pair of holes being located on opposite sides of the throat opening. An elongate lace 32 is entrained through the lacing holes 31 in well-known manner, to secure the shoe to the foot of the wearer. Although lacing holes and a lace 32 are disclosed as being used for tightening the shoe about the foot, it will be understood that other known closure systems for securing the opposing sides of the throat opening to one another could be used, including for example, such fasteners as strap members having fasteners such as hook and loop Velcro fasteners or other securing mechanisms such as buckle type fasteners. The shoe 10 typically includes additional reinforcement portions for addressing various foot support functions, known in the art. Several such additional reinforcement members that are in the preferred embodiment stitched to the underlying vamp portion 12, are shown in the Figures at 34, 36 and 38. The reinforcement members are generally constructed of strong, durable and non-stretchable materials. The shoe 10 also includes an inner liner and various padding portions of breathable material, generally referred to at 40.

(39) The sole 14 generally includes a lower outsole 42 layer and a midsole 44 layer. Since the preferred embodiment shoe 10 is utilized with the sport of football, the outsole 42 layer has integrally molded cleats 43 downwardly projecting from the general plane of the outsole 42 for providing traction to the grass or turf field on which the shoe will be used. The midsole 44 layer is preferably made of one or more resilient cushioning materials which are not as hard as that of the outsole 42 layer. The midsole 44 layer can be constructed from a number of various materials such as sponge rubber, EVA sponge and may even incorporate channels of pressurized gas or other media suitable for cushioning forces transmitted through the outer sole to the foot of the wearer. An insole (not illustrated) can also be inserted within the shoe to provide added or specialized support for the foot.

(40) Since the present invention applies to numerous types of shoe configurations of varied construction and materials and methods of manufacture known by those skilled in the art, the details of such configurations, constructions, materials and methods of manufacture will not be detailed herein. It will be understood that those skilled in the art could incorporate any number of such designs and materials and configurations thereof and types of construction methods to fabricate athletic shoes of a type suitable for incorporating the present invention. The invention is directed primarily to the toebox or forefront upper portions of the shoe.

(41) While the toebox and upper portions of some athletic shoes include an outer material that has limited stretchability such material is typically located on the top portion of the toebox. The forward portion of most athletic shoe toeboxes are typically constructed of non-stretchable materials and in the case of contact sports such as football, virtually the entire toebox and forefoot upper portions are constructed of non-stretchable material that is reinforced or thicker than the material forming the mid-section of the upper. Accordingly, the toebox or forefront uppers of conventional athletic shoes in the marketplace do not provide any give or relief to the toes or sides of the foot when they jam against the inner forefront surfaces of the toebox as the foot slides forward or sideways in the shoe during an abrupt stopping or change of direction maneuver. Being the largest and the one that typically extends foremost within the toebox, the big toe generally receives the majority of the impact forces imparted by the toebox to the toes during a stop or cutting movement. Accordingly, while the toebox imparted forces can be received by all of the toes, since the big toe is the primary recipient of such force, our further discussion herein for this preferred embodiment will be directed to the big toe. While some shoe configurations have inserted stretchable liners and padding materials inside of the toebox or forefront upper to pad the foot, such materials have no or minimal effect in slowing the movement of or in absorbing the impact forces transmitted to the wearer's big toe when significant and abrupt forward movement of the foot occurs within the shoe. Other shoe configurations such as described in U.S. Pat. No. 4,255,876 configure the entire forward toe section from stretchable material having limited stretchability, but do not provide any selected areas of differential stretchability in or across the toebox for accommodating rapid forward jamming movement of a selected toe or toes as the foot slides forward during abrupt stopping and/or cutting motions of the foot.

(42) The material forming the toebox 20 and forefront upper 12 of the preferred embodiment are generally non-stretchable and of durable construction and thickness for suitably withstanding the scraping, sliding, and other impact forces to which it is subjected in the rugged football contact sport environment. In the preferred embodiment illustrated the toebox 20 has a cutout portion 22 extending through the toebox material at the forefront portion of the toebox. The purpose of the cutout 22 is to selectively provide a low resistance pressure relief zone through the material forming the toebox 20 into which the big toe can progressively move as the wearer's foot forcibly and abruptly moves forward within the shoe. In general, the cutout 22 is positioned along the forefront of the toebox 20 at a key shoe-foot impact engagement position that will be longitudinally engaged by the front of the wearer's big toe as it slides forward and engages the toebox 20. While the shape of the cutout 22 can vary as described below, its configuration will generally define a center portion generally indicated at 22a, positioned in this embodiment to lie in the same generally vertical plane containing a longitudinal toe axis 23 (hereinafter defined) extending through that position within the shoe that is designed to hold a big toe of a foot for which the shoe is designed to fit. The longitudinal toe axis 23 generally extends from the MTP joint (MPJ) and centrally through the proximal and distal phalanges bones of the big toe when the phalanges are extended in general longitudinally aligned positions as they would appear for example in FIGS. 10-13. Such aligned phalanges positions can occur both when the big toe is lying generally horizontally as it may occur when the foot is at-rest within the shoe as in FIG. 10, and also when the phalanges are pivoted upwardly around the MTP joint as for example in FIG. 13. As shown in FIG. 10, due to the construction of the sole and midsole portions of the shoe 10, which may be designed to elevate the heel of the foot relative to its toes, the longitudinal axis 23 may not be truly horizontally positioned, but may form a slight acute angle with respect to the general plane of the bottom portion of the outer sole 42 which engages a support surface such as a playing field. The center of the cutout lies along a forefront portion of the toebox that intersects the generally vertical plane that also contains the longitudinal toe axis. The vertical position of the center portion 22a of the cutout 22 along that toebox portion intersecting the vertical plane will depend upon the position of actual impact of the front of the big toe with the inside surface of the toebox as the foot and toe slide forward within the shoe 10. For ease of description, such impact area will be referred to as the point of actual impact.

(43) A number of factors determine the point of actual impact of the big toe with the toebox. Since the toe is not vertically symmetrical, the upper nail of the toe may represent the foremost part of the toe that will first engage the toebox. This may be particularly applicable in toebox shoe configurations wherein the front of the toebox is rounded and/or rapidly tapers back toward the upper. Further, the forward insole portion of the shoe may be configured to slope upwardly as it approaches the front of the toebox, forcing a forwardly advancing toe upward toward the top portion of the toebox. Both conditions contribute to positioning the point of actual impact of the toe with the toebox, and thus the center portion 22a of the cutout, at a position along the generally vertical plane that is above the projected intersection of the longitudinal toe axis 23 with the toebox. The actual amount of such offset will depend upon the interior configuration of the front portion of the toebox and on the configuration of the insole portion of the shoe leading to and adjacent the front of the toebox. The point of actual impact generally coincides with the center of the key shoe-foot engagement area for the advancing big toe. As pointed out above, while this description has been made with reference to movement and engagement of the big toe with the shoe at a key shoe-foot engagement area, the principles of the invention apply equally well to other toes of the foot.

(44) FIGS. 10-13 illustrate various positions of a foot within the preferred embodiment shoe 10. FIG. 10 illustrates the foot as it would appear in a rearward or at-rest position within the shoe. As illustrated in FIG. 10, the longitudinal toe axis 23 slightly slopes downwardly due to the sloping wedge shaped configuration of the midsole 44, forming an acute angle between the bottom of the outsole 42 and the longitudinal toe axis 23. However, due to the rounded forward configuration of the insole adjacent the toebox, as the big toe advances, it will be directed upwardly, causing the point of actual impact of the toe and the center portion 22a of the cutout 22 to be significantly upwardly offset from the projected FIG. 10 intersection of the longitudinal toe axis 23 with the toebox. FIGS. 11 and 12 illustrate the position of the big toe of the foot when it has moved forward within the shoe 10 following an abrupt stopping of the shoe's movement when fully engaged to a flat support surface. The forward portion of the big toe has moved forward and upward in the toebox, aligning the point of actual impact of the toe with the center portion 22a of the cutout, and still offset upwardly from the projected intersection of the longitudinal toe axis 23 with the toebox. The offset is generally indicated by x in FIG. 12 From the outside of the shoe, the center 22a of the cutout may appear to be oriented more toward the upper part of the toebox than toward the front of the toebox, as illustrated in FIGS. 8 and 9.

(45) FIG. 13 illustrates the position of a person's foot within the shoe 10 as it may appear when only the forward portion of the sole 14 engages the support surface in an abrupt stopping or jumping motion. The point of actual contact of the toe with the toebox and the center portion 22a of the cutout 22 are positioned the same in FIGS. 11 and 13, since the movement of the foot and engagement of the big toe with the toebox will be essentially the same in both instances.

(46) As can be appreciated from the above discussion, the vertical position of the center 22a of the cutout 22 relative to the toebox 20 can vary along the vertical plane containing the longitudinal toe axis 23 from a position lying forward and directly in line with the longitudinal toe axis 23, to a forward position that is closer to the upper surface of the toebox 20, depending upon the point of actual impact that the big toe will have with the toebox.

(47) It should be noted that the term cutout does not necessarily mean that any toebox material has been removed from the shoe, but is intended to simply define that altered area of the toebox 20 at the key shoe-foot impact engagement area corresponding to the point of actual impact, that provides a relief area for a rapidly advancing big toe. The cutout 22 portion can assume a variety of geometric shapes. A simple cutout 22 can be formed by a series of cuts or slots made through the toebox material similar to those self-administered X cuts to football shoes that have been made by football players in the past. Such cuts extend entirely through the toebox 20 material, generally cross one another and are of sufficient lengths such that the non-stretchable toebox material adjacent the cuts can separate when engaged by the big toe to form an opening through the toebox material into which the forward portion of the big toe can move. Such cuts are formed preferably in a crossing manner, wherein their intersection may correspond to the center portion 22a of the cutout and can be of virtually any shape and need not comprise straight lines, as illustrated in FIG. 15. In general, the more cuts that are made, without removing material from the toebox 20, and which cross at a single location also representing the point of actual impact, as well as cuts of greater length, serve to reduce resistance to movement of that toebox material located between adjacent cuts, facilitating opening of the passageway(s) for the big toe through the toebox material. The asterisk or starburst configuration of FIG. 16 would, for example, represent a fairly low resistance cutout 22 configuration where toebox material is not removed in the process forming a cutout. Resistance to opening the toebox material between adjacent intersecting cuts forming the cutout 22 results from the engaging toe being required to pivotally move that material adjacent the cuts out of the way of the advancement of the big toe to create and expand the opening upon impact of the toe with the cutout 22 portion of the toebox. The engaged cutout material generally moves in pivotal manner away from the center 22a of the cutout 22.

(48) The cutout 22 can also assume various configurations wherein portions of the toebox material are actually removed, to initially form an open hole through the toebox. In the preferred embodiment illustrated in FIGS. 8-14, the cutout 22 is shaped in the form of a four point star. For such configurations as the four point star, the elongated portions of the removed material forming the star arms comprise and act like the cuts previously described, such that the toebox material adjacent and between the arms pivots away from the cutout center portion 22a when engaged by the big toe to form a larger generally rectangular opening to accommodate the big toe. However, the cutout 22 can be configured in any desired shape, including but not limited to arcuate configurations such as circles or ovals, polygons of varied configurations, etc., some examples of which are illustrated in FIG. 17. The cutout 22 configuration need not be limited to simple cuts or to open configurations, but can employ hybrid configurations thereof, as will be recognized by those skilled in the art. By way of example only, several hybrid cutout 22 configurations are illustrated in FIG. 18.

(49) It is generally preferable to configure the cutout 22 into a shape that minimizes material removal while simultaneously minimizing resistance to penetration of the big toe into the cutout opening created during opening of the cutout. Any toebox material remaining in the cutout area adjacent any material removal areas or cuts formed through the toebox material, serves to partially close the passageway through the cutout when it is not being engaged by the big toe, to provide some measure of protection to the toes and foot similar to that which would have been provided by the toebox material had it not been cut or removed. The size and shape of the opening provided through the cutout 22 area will vary depending upon the configuration and orientation of the cuts and material removed from the toebox. Preferably, the cutout should be formed in a manner so as to allow relatively impact free penetration of the big toe (except for the damping resistance applied to the toe by the stretchable layer or web material hereinafter described) through the cutout opening formed in the toebox material and beyond the front of the toebox 20 by a longitudinal distance of at least about of an inch. More preferably, such distance would be at least about of an inch, and even still more preferably, such distance would be at least about inch and could go even further, to 1.0 inch or more. It will be understood that the language ofat least used herein and in the claims is not intended to be a limitation that would exclude the designated denominations (i.e., inch, inch, inch etc.), which are intended to be included within the recited ranges.

(50) In the preferred embodiment, a stretchable panel, layer or web member 24 is secured to the toebox 20 in a manner so as to lie across the cutout portion 22 of the toebox. The stretchable layer 24 is peripherally secured around the cutout 22 by stitching or other appropriate securement methods so as to block access of foreign matter through the cutout 22 from outside of the toebox 20 while permitting the cutout to open as designed when forcibly engaged by the advancing big toe to the peripheral extent permitted by the cutout 22 pattern and the passageway created thereby. Those portions of the cutout 22 that are permitted to move upon contact and forward movement of the big toe will be displaced to the extent permitted by their remaining connections to the toebox and the stretchability of the web material 24 to open the cutout passageway for the big toe as it progresses into and through the passageway. The web material 24 will stretch outwardly to the extent permitted by its elasticity, to enable the big toe to advance into and through the cutout 22 passageway created, and beyond the forward outer peripheral wall surface of the less stretchable or nonstretchable material forming the toebox. Upon retraction of the toe back to its at-rest position and accompanying reduction of outward pressure from the big toe on the web material, the web material 24 will retract or unstretch back to its original position across the cutout. In such original position, the web material may still be in a partially stretched condition as extended across the cutout opening. The web material 24 may be of any shape, not necessarily the same as that of the underlying cutout, but should be sized appropriately larger than the cutout periphery to permit proper functioning of the cutout 22 material movement as it opens a passageway in response to pressure exerted by the big toe, to open to the full extent permitted by the cutout configuration. In the preferred embodiment illustrated in FIGS. 8, 9 and 14, the web 24 is configured in the same general four point star shape as the peripheral shape of the underlying cutout 22, but has a proportionately larger footprint which outlies that of the cutout 22. The stretchable web layer is preferably peripherally secured to the toebox around the periphery of the cutout 22 and may be secured to either the inner or outer surfaces of the less stretchable portion of the toebox or in an interleaved or other manner with the toebox material. The stretchable material may preferably be secured by stitching to the surrounding toebox material. The stretchable material could also comprise, for example, part of a larger portion of the shoe such as a shoe liner material that could have a portion thereof appropriately secured to the toebox around the cutout 22.

(51) In a preferred embodiment, the stretchable web material 24 is configured in part from an elastic material that stretches to conform to the shape of the front part of the advancing toe and to the extent of forward movement of the big toe as it engages the cutout portion of the toebox. The web 24 is of sufficient thickness to permit proper attachment strength, preferably by stitching to the underlying toebox 20 material. The web 24 is also preferably constructed of porous material that can breathe to allow ventilation of air into the toebox. The porosity may be provided by the nature of the material itself, or could be derived from a material which includes small holes or pores formed therethrough that provide increased ventilation and breathability through the web material and potentially increasing stretchability of the web material. While the web material 24 is porous to ventilating air the pores are small enough to prevent or inhibit infiltration of dirt, sand and other debris through the cutout and into the toebox 20. This is particularly significant when the shoe is used on artificial turf fields which use fillers that can create abrasions with concomitant risk of infections and other foot/toe injuries such as blisters, torn skin, damage to toenails, etc., if they get into the shoe 10.

(52) In the preferred embodiment, the web material is capable of multi-directional stretching and may comprise any appropriate stretchable material, but in the preferred embodiment is formed from a combination of a condensation polymer material with an elastic material. The polymer material is preferably nylon and the elastive material is preferably spandex, elastene or other elastic material. It will be understood by those skilled in the art that other materials could be used in place of nylon, including for example, and not by way of limitation, polyesters, polycarbonates, or thin neoprene. The preferred embodiment web material 24 uses a ply nylon and elastive material combination that besides providing the desired stretch, provides a relatively low friction inner surface that is engagable by any movable portions of the cutout 22 as they move to open and close the cutout passageway for movement of the big toe relative thereto. As shown in FIG. 12, the stretchable web material 24 stretches to conform to the shape of the toe advancing into the cutout 24 passageway while simultaneously damping or providing gently increasing resistance to slow the forward movement of the toe within the passageway. Besides offering low resistance to opening of the cutout 22 passageway and to the forward movement of the big toe through the passageway, the elastic nature of the web allows the web to retract back to its initial unstretched condition upon removal of the big toe from the cutout passageway. As the web 24 retracts, it urges the movable portions of the cutout 22 back to their at-rest positions, forming with the web 24 a protective closed or semi-closed surface across the cutout portion of the toebox that would otherwise be exposed. The web 24 also prevents or limits undesirable expansion of the cutout 22 size over time to help prevent premature breakdown of the toebox material, thereby maintaining the integrity of the toebox. The ply nylon can be for example, two-ply or three-ply nylon. The ply nylon and elastive material should be in a ratio that permits the desired multi-directional stretch necessary for achieving the purposes of the invention of allowing the wearer's toe to sufficiently penetrate through the cutout and beyond the outer peripheral surface of the toebox as previously described. The ply nylon and elastic material should preferably be in a ratio that permits the desired multi-directional stretch necessary for the invention. The ratio of ply nylon to elastive can vary, depending on the sport with which the shoe will be used and the particular shoe configuration and other materials used in its construction, but can for example, be in the range of about 50% to about 50%; about 60% to about 40%; about 70% to about 30%; about 80% to about 20%; about 90% to about 10%; about 95% to about 5%; and about 97% to about 3%, respectively.

(53) The web material 24 may also, for example, be made of a thermoplastic elastomer (TPE), a synthetic material, leather or textile which can stretch to conform to the forward movement of the big toe and past the normal outer forward peripheral surface of the toebox, while satisfying the functional aspects of the invention heretofore described.

(54) The web material 24 material could be imprinted with indicia, team or personal logos or trademarks or the like, adding to the aesthetic nature of the shoe. Since the stretchable web material does not necessarily have to conform to the peripheral shape of the cutout if secured externally to the toebox, the external shape of the web material could itself be configured in the shape of a preferred logo, design, or the like, as could the shape of the cutout itself.

(55) FIG. 10 illustrates a diagrammatic cross-sectional view of a shoe 10 configured according to the principles of this invention, illustrating a person's foot as it would be positioned within the shoe at an at-rest position. It will be noted that in the rest position, the forward portion of the big toe is spaced back from the forward part of the toebox 20 which includes the cutout 22 with an overlying web material 24. FIG. 11 illustrates the same shoe as that of FIG. 10, with the foot shown moved to a forward position as it may occur when the shoe is engaging an underlying surface during a stop or cutting motion. The toe is shown in engagement with the cutout 22 in the toebox 20 at a key shoe-foot impact engagement area and is illustrated as it might appear when pushing through the cutout portion and expanding the stretchable web material 24 beyond the front peripheral surface of the toebox 20 to relieve pressure on the toe that would otherwise be imparted to the toe by the forward portion of the toebox. FIG. 13 illustrates a similar movement of the foot within the shoe that might occur when the abrupt stopping or cutting or jumping motion of the foot happens when only the toe or front portion of the sole 14 engages the underlying support surface. As was the case in the illustration of FIG. 11, the big toe of the foot has opened the cutout 22 and progressed beyond the forward surface of the toebox as permitted by the elasticity of the stretchable web material 24.

(56) Referring to FIG. 14, it is anticipated that one method of manufacture of a shoe according to the principles of this invention may be to secure the stretchable web material 24 to the external or internal surface in the toebox while the upper or vamp is still in a relatively flat or pattern configuration. Such a pattern configuration of the vamp of the preferred embodiment shoe 10, is shown, illustrating the star shaped cutout 22 therein as it might appear prior to attachment or docking to the sole 14 to form a completed shoe. The size of the overlying, underlying or interleaved web material 24 may be significantly larger than the external periphery of the cutout 22, to allow for proper expansion of the cutout 22 and penetration of the big toe into and through the cutout to the extent required by the force exerted on the cutout portion and overlying web by the advancing big toe.

(57) The invention is not limited to providing relief to foot injuries associated with forward impact jamming of the toes of the foot against the forefront of the toebox, but provides for relief to the foot at any key shoe-foot impact or pressure engagement point wherein movement of the foot within the shoe or a tight fitting shoe causes increased painful and/or harmful pressure to be exerted against portions of the foot. Typically, foot movement is such that the portion of the foot that engages a key shoe-foot impact or pressure engagement area is moving in an outward direction relative to the inner surfaces of the shoe and generally perpendicular to the inner surface of the shoe material at the key shoe-foot engagement area. Another example of such key shoe-foot pressure engagement points are those areas of the foot juxtaposed to the MTP joints at the medial and lateral sides of the foot, where bunions and bunionettes develop. A second embodiment of the invention addresses such bunion and bunionette afflictions. Referring to FIG. 19, a bunion 50 is that localized area of injury and enlargement of the medial side of the foot adjacent the first MTP joint at the base of the big toe; whereas a bunionette 51 is that localized area of injury and enlargement of the lateral side of the foot adjacent the fifth MTP joint at the base of the little toe. The bunion and bunionette growth formations may extend when enlarged forward of the MTP joint, but are typically most pronounced and painful in the area juxtaposed to the MTP joint. Depending on the particular shoe construction, the key shoe-foot pressure engagement areas of the shoe for bunions and bunionettes can be located toward a rearward portion of the toebox, or in those areas of the shoe upper located on the medial and lateral sides of the upper just to the rear of the toebox, generally referred to herein as the forefront upper portion of the shoe.

(58) Referring to FIG. 20, the principles of this invention are illustrated as they might be applied to relieving pressure applied by a shoe 10 at the key shoe-foot pressure engagement areas or points to bunion 50 and bunionette 51 areas of the foot juxtaposed along the outwardly directed sides of the first and fifth MTP joints respectively of the foot. The drawing numeral designations of like parts of the shoe as previously described for the first embodiment will be followed in the second and subsequent embodiment descriptions by one or more prime designations. As was the case for the first embodiment description of a cutout for accommodating the impact pressure of a forwardly sliding big toe, the cutout configuration(s) 22 for accommodating and relieving shoe pressure applied to the bunion or bunionette could be, for example, of any configuration of the type(s) previously generally described. The cutout configurations 22 illustrated in FIGS. 20-24 are generally in the shape of a vertically oriented elongated expandable slot with a stretchable panel, layer or web material 24 of the type previously described, extending across the cutout in the manner described above.

(59) By way of example only, other bunion cutout configurations are illustrated at 22, 22 and 22 in FIGS. 24 through 26 respectively. The cutout 22 of FIG. 24 comprises as plurality of cooperating elongated slot configurations of the type 22 shown in FIGS. 20 through 23. The cutout 22 of FIG. 25 is in the shape of the four point star cutout 22 illustrated in description of the first embodiment of the invention. The cutout 22 of FIG. 26 is in the shape of a generally horizontally elongated slot configuration that might, for example, better accommodate a bunion 50 or bunionette 51 of significantly longitudinally elongated shape.

(60) It will be understood that while the cutout configurations 22 illustrated in FIG. 20 juxtaposed to the medial (bunion 50) and lateral (bunionette 51) sides of the shoe are of the same general shape, they need not be the same, but could be of different configurations and sizes to accommodate the varied pressure conditions that may be applied to the bunions/bunionettes by the particular shoe configuration to which the invention is applied.

(61) Since it is important that the cutout portions juxtaposed to the bunion and bunionette areas of foot be relatively free to open so that the advancing part of the bunion or bunionette can move into and through the cutout 20 passageway as allowed by the stretchable panel material 24, the areas overlying and adjacent the cutouts 22 should preferably be free from reinforcing bands, materials, or layers of the type such as illustrated at 34, 36, and 38 of FIG. 9, that typically form a part of an athletic shoe, which may hinder any expansion of the material forming, and/or defining the cutout 22.

(62) FIGS. 21a and 21b illustrate how the cutout 22 of the shoe 10 might appear in situations where the foot is: (FIG. 21a) at rest (not moving) within the shoe; and (FIG. 21b) expanded/deployed when the sides of the foot move outwardly against the inner side portions of the toebox or forefoot upper of the shoe at the key shoe-foot engagement areas and apply outward pressure to the cutout 22 portion. FIGS. 22 and 23 further illustrate the cutout 22 of the shoe 10 of FIG. 21 as it would appear respectively when the foot is in an at-rest position (FIG. 22), and in an active, pressure applying position (FIG. 23) within the shoe.

(63) It will be understood that the principles of the invention apply equally well to impact forces applied by the shoe to a foot when moving in a forward direction, or as a result of increased pressure forces applied to the foot as it moves toward or expands outwardly against the sides of the shoe. In both instances, the direction of forces applied inwardly by the shoe to the foot portion at the key shoe-foot impact or pressure engagement points, and conversely, the opposite outward forces applied by the foot portion to the cutout 22, 22 portions of the shoe are generally perpendicular to the at-rest surface configuration of the cutout.

(64) While the invention has been illustrated with reference to preferred embodiment configurations as applicable to shoes configured for athletic wear and with reference to particular materials used for their construction, it will be appreciated by those skilled in the art that other constructions and materials and modifications of the invention not specifically disclosed or referred to herein can be used without departing from the spirit and intent of the invention, and that the principles of the invention apply beyond shoes configured for specific sports. Further, while the invention has been described in association with a preferred embodiment for protection of a big toe of a foot, the principles of the invention are not limited to protection of protecting the big toe but are equally applicable for protecting other selected toes of the foot. Further, while the invention has been described in association with providing relief to portions of the foot subject to development of bunions and bunionettes, the principles of the invention apply to the protection of other selected areas of the foot subject to key shoe-foot impact or pressure engagement points. Those skilled in the art will recognize how to adapt the inventive principles to such other areas of foot protection.

(65) By way of example only, while an athletic shoe employing a cutout in combination with a stretchable elastic material has been described in association with several preferred embodiments of the invention, the invention is not limited to a toebox or forefoot upper configurations employing a cutout. An embodiment of a shoe having a toebox or shoe upper configured from materials of differing elasticity selectively positioned relative to one another in the toebox or shoe upper construction could also practice the invention. In such a toebox or shoe upper construction a majority of the toebox or shoe upper might be constructed from a material having no or relatively little stretchability, with that portion of the toebox or shoe upper corresponding to the key shoe-foot impact or pressure engagement points and a sufficient amount of surrounding shoe material laterally extending beyond the point of actual impact of the foot at such key areas to an extent sufficient to form a passageway for the toe, being constructed from a material of relatively high stretchability or elasticity. In such construction the highly stretchable material performs both functions of defining a passageway for the engaged foot portion beyond the normal outer surface of the toebox, while containing and damping outward movement of the engaged foot portion as it progresses against the bias of the stretchable material.

(66) This disclosure is intended to provide specific examples of preferred embodiment structures and applications that clearly disclose an apparatus and method applicable to the present invention and its operative principles. Accordingly, the invention is not to be limited to any particular embodiment or configuration or component parts thereof or to the use of any particular materials for their construction. All alternatives, modifications and variations of the present invention which fall within the broad scope of the appended claims are covered.