Prosecution Insights
Last updated: April 18, 2026
Application No. 18/263,401

INSOLE AND COMBINATION THEREOF

Non-Final OA §101§102§103§112
Filed
Jul 28, 2023
Examiner
JONES, AISLINN MOIRA
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Taobody Lifetime Healthiness Inc.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-70.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
25 currently pending
Career history
25
Total Applications
across all art units

Statute-Specific Performance

§101
7.8%
-32.2% vs TC avg
§103
52.4%
+12.4% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§101 §102 §103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions Applicant’s election without traverse of Species A, Subspecies 3 in the reply filed on 03/09/2026 is acknowledged. Accordingly claims 1-3, 6-8, 10, 12-13 and 15-20 are withdrawn from consideration and claims 4-5, 9, 11 and 14 are under examination. Specification The disclosure is objected to because of the following informalities: [0039]: The recitation of the “second engaging portion” and the “outer insole” both correspond to the same reference character. Appropriate correction is required. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “370” has been used to designate both the “second engaging portion” and the “outer insole”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the connecting medium and inner bottom upper surface must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to because Figure 3A includes a partially present reference character at the top of the left insole . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION. — The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claim s 4 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 4 , the recitation of “ deliberately selected by the user ” , i t is unclear as to how the perforations directly and/or deliberately enable the user to select the perforations to stimulate the sole. Under broadest reasonable interpretation without sufficient description of the perforation being deliberately selected by the user, it is interpreted as any perforation that stimulates the sole can therefore be deliberately selected by the user for therapeutic actions. Additionally, the recitation of “connecting medium”, it is unclear as to whether the connecting medium is the same as the connection medium. Under broadest reasonable interpretation without sufficient description of the connecting medium, it is interpreted that the connecting medium is the same corresponding structure as the connection medium , and that the connecting/ connection medium is just a hole in the insole structure for allowing the stimulation/stimulating mediums to reside in. Regarding claim 9, the recitation of “sole surface” , i t is unclear as to which structure corresponds to the “sole surface”. Under broadest reasonable interpretation, without sufficient description of the sole surface, it is interpreted that the sole surface is the bottom surface of the insole assembly. Additionally, the recitation of “plurality of specific areas” and all subsequent recitations throughout, i t is unclear as to whether the specific areas are the plantar reflexology areas or a different corresponding structure. Under broadest reasonable interpretation without sufficient description of the plurality of specific areas, it is interpreted that the specific areas are the plantar reflexology areas. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Section 33(a) of the America Invents Act reads as follows: Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism. Claims 4 and 9 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability , 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claims 4 and 9 recite “the user has a sole having a bottom surface stepping on the inner bottom upper surface”, thereby requiring the body of a user. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim s 4, 5, 9 and 11 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Seo ( WO 2020032484 A1 ) . Regarding claim 4 , Seo discloses an insole assembly adapted for use in a footwear of a user (Figure 1 below; insole assembly adapted for use in a shoe); wherein the footwear has an inner bottom upper surface having an outline (Figure 1 below; footwear with an inner bottom upper surface that has an outline); the user has a sole having a bottom surface stepping on the inner bottom upper surface (Figure 1 below; where a user would have a sole to their foot with a “bottom surface”, that steps on the inner bottom upper surface based on the shape of the insole assembly with the footwear); the insole assembly is arranged between the inner bottom upper surface and the bottom surface (Figure 1 below; where the insole assembly is between the inner bottom upper surface and the bottom surface); and the insole assembly further comprises: an insole body having a shape conforming to the outline of the inner bottom upper surface (Figure 1 below; where there is an insole body and it has the shape of the inner bottom upper surface); a plurality of marked regions disposed on the insole body, configured to respectively correspond to a plurality of plantar reflexology areas on the sole (Figure 1 below; multiple marked regions that correspond to plantar reflexology areas, and Seo Preceding technical literature [03]; where it details plantar reflexology areas targeted); and each marked regions having: a specific area corresponding to one of the plurality of plantar reflexology areas (Seo Preceding technical literature [03]; where it details plantar reflexology areas targeted, where it details specific areas, and Figure 1 below; where the marked regions are in specific plantar reflexology areas); a marking line configured to at least partially enclose the specific area for allowing the user to easily identify the specific area ( Figure 1 below; where there are marking lines for the marked regions outlining the region ); and at least one connecting medium disposed inside the specific area (Figure 1 below; where the connecting medium that allows the stimulation medium to be disposed inside the specific area of the marked region – each connecting medium corresponds to a stimulating medium ); and at least one stimulating medium configured to provide a stimulation to the bottom surface (Figure 1 below; where there are stimulation medium bumps that are for stimulating the bottom surface of a foot); and only stimulating the specific area deliberately selected by the user when the user wears the insole assembly (Figure 1 below; where the stimulating areas are deliberately selected by the user because this insole is for Diabetic patients (Seo Preceding technical literature [03]), so they deliberately choose this insole to stimulate a specific area by wearing the device). Regarding claim 5 , Seo further discloses the insole assembly according to claim 4, wherein: the connection medium is a hole provided in the specified area, and each hole has a defining hole circumference (Figure 2 below; where the connection medium is a hole in the plantar reflexology area and has a defining hole circumference because it is a circular hole). Figure 1: Annotated Figure 7 of Seo. Regarding claim 9 , Seo discloses a n insole adapted for use in a footwear of a user through cooperating with at least one stimulating medium ( Figure 1 above where the insole assembly is a shoe, and there are stimulating mediums ); wherein the footwear has an inner bottom upper surface (figure 1 above; inner bottom upper surface); the user has a sole having a sole surface stepping on the inner bottom upper surface ( Figure 1 above; where a user would have a sole to their foot with a “bottom surface”, that steps on the inner bottom upper surface based on the shape of the insole assembly with the footwear ); the insole is arranged between the inner bottom upper surface and the sole surface ( Figure 1 above; where the insole assembly is between the inner bottom upper surface and the bottom surface ); and the insole comprises: an insole body having a shape conforming to the inner bottom upper surface ( Figure 1 above; where there is an insole body and it has the shape of the inner bottom upper surface ); and a plurality of marked regions positioned on the insole body, configured to respectively correspond to a plurality of plantar reflexology areas on the sole ( Seo Preceding technical literature [03]; where it details plantar reflexology areas targeted, where it details specific areas, and Figure 1 above ; where the marked regions are in specific plantar reflexology areas); and each marked regions having: a plurality of specific areas each corresponding to one of the plurality of plantar reflexology areas ( Seo Preceding technical literature [03]; where it details plantar reflexology areas targeted, where it details specific areas, and Figure 1 above ; where the marked regions are in specific plantar reflexology areas ); and a marking line configured to at least partially enclose one of the plurality of specific areas for allowing the user to easily identify the one of the plurality of specific areas ( Figure 1 above; where there are marking lines for the marked regions outlining a plurality of specific areas for plantar reflexology – Seo Preceding technical literature [03] ); so as to fix one of the at least one stimulating medium on a deliberately selected one of the plurality of specific areas ( Figure 1 above; where the stimulating areas are deliberately selected by the user because this insole is for Diabetic patients (Seo Preceding technical literature [03]), so they deliberately choose this insole to stimulate a specific area by wearing the device and the stimulating mediums are fixed to the specific areas of plantar reflexology ). Regarding claim 11, Seo further discloses t he insole according to claim 9 , further comprising the at least one stimulating medium (Figure 1 above; stimulating mediums); wherein one of the at least one medium is adhered onto one of the plurality of specific areas by an adhesive (Figure 1 above where the stimulating mediums are provided with ‘10’ and are adhered onto one of marked areas that are with ‘20’ and Seo Description of the Embodiments [015]; where an adhesive is used to adhere the two portions ‘10’ and ‘20’ as described previously). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1 4 is rejected under 35 U.S.C. 103 as being obvious over Seo ( WO 2020032484 A1 ) in view of 哲夫 片桐 ( JP 1487994 U ), translated through Google Translate as Tetsuo Katagiri , hereinafter Katagiri . Regarding claim 14, Seo further discloses the insole assembly according to claim 4 . Seo discloses the insole assembly comprising: a stimulating medium with a cylindrical upper part configured to stimulate one of the plurality of plantar reflexology areas ( Figure 1 above; where there is a stimulating medium that stimulates the sole of a foot with a cylindrical upper part and Seo Preceding technical literature [03]; where it details plantar reflexology areas targeted, where it details specific areas, and Figure 1 above; where the marked regions are in specific plantar reflexology areas ) Seo is silent to the structure of the stimulating medium. Katagiri discloses the insole assembly wherein : at least one stimulating medium is generally cylindrical, and includes a cylindrical upper part ( Figure 2 below; where there is a stimulating medium that is cylindrical and has a cylindrical upper part ); an intermediate annular groove matching with the connecting medium ( Figure 2 below; intermediate annular groove with the connecting medium which is the hole of the insole of Figure 1 of Katagiri ); and a base arranged between the insole body and the inner bottom upper surface ( Figure 2 below; where there is a base on the stimulating medium that is to be arranged between the insole body and the inner bottom upper surface as seen by Katagiri Figure 1 below ). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the insole of Seo by replacing the stimulating mediums with the stimulating mediums having an annular groove, cylindrical upper part, and a base as taught by Katagiri, since, this type of protrusion helps to allow the pressure points to be pressed upon and can be exchangeable so that the amount of stimulating mediums preferred may be used for a specific region of the body by the stimulating medium protrusion in the insole (Katagiri [0006]). Figure 2: Figures 1, 3 and a nnotated Figure 2 f of Figure 2 of Katagiri . Conclusion The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection: Qu ( WO 2020006703 A1 ): massage shoe with similar-shaped protrusions. Huang ( CN 205358440 U ): massage insole with similar-shaped protrusions. Cheng ( CN 101961159 A ): massage insole with more specific plantar reflexology areas. Kim ( KR 101765192 B1 ): massaging insole with different massage protrusion heights. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT AISLINN MOIRA JONES whose telephone number is FILLIN "Phone number" \* MERGEFORMAT 571-272-3835 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8am-5pm, EO Friday 8am-4 pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful , the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Brandy Lee can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-7410 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AISLINN M JONES/ Examiner, Art Unit 3785 /BRANDY S LEE/ Supervisory Patent Examiner, Art Unit 3785
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Prosecution Timeline

Jul 28, 2023
Application Filed
Mar 25, 2026
Non-Final Rejection — §101, §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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