Prosecution Insights
Last updated: April 19, 2026
Application No. 18/888,263

CUSHIONING COMPONENT FOR A WEARABLE ARTICLE

Non-Final OA §102
Filed
Sep 18, 2024
Examiner
KANE, KATHARINE GRACZ
Art Unit
3732
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nike, Inc.
OA Round
2 (Non-Final)
47%
Grant Probability
Moderate
2-3
OA Rounds
3y 8m
To Grant
92%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allow Rate
296 granted / 631 resolved
-23.1% vs TC avg
Strong +45% interview lift
Without
With
+45.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
61 currently pending
Career history
692
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
26.9%
-13.1% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 631 resolved cases

Office Action

§102
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 . Response to Amendment Applicant’s amendment filed on 2/08/2025 has been received; Claims 1-17 & 20-22 are pending. Response to Arguments Applicant’s arguments with respect to claims 1-3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey (US 2018/0332925). Regarding Claim 1, Bailey discloses an article of footwear (14, Figure 1) comprising: a sole structure (10) having a cushioning component (12), the cushioning component including: a bladder (Figures 1-7) including a first barrier sheet (16) and a second barrier sheet (18), the first barrier sheet and the second barrier sheet together defining an interior cavity between opposing inner surface of the first and second barrier sheets (Para. 52 & 53), and the first barrier sheet and the second barrier sheet sealed to one another along a peripheral bond to enclose the interior cavity and retain a gas in the interior cavity (20, Para. 52 & 53); and a multi-sheet core (30) disposed in the interior cavity, spaced entirely inward of the peripheral bond (Figure 3), and directly bonded to the opposing inner surfaces of the first and second barrier sheets (Figure 3); wherein the multi-sheet core is displaced from the opposing inner surfaces at unbonded areas of the multi-sheet core such that the gas in the interior cavity is in fluid communication around the multi-sheet core without the multi-sheet core creating any sealed chambers within the bladder that are not in fluid communication with the interior cavity (Para. 52-54); and wherein no bonds securing the multi-sheet core to the opposing inner surfaces extend continuously from a medial edge of the multi-sheet core to a lateral edge of the multi-sheet core (Figure 3). Regarding Claim 2, Bailey discloses anti-weld material is disposed on the multi-sheet core at the unbonded areas (Para. 55). Regarding Claim 3, Bailey discloses the multi-sheet core lays flat within the bladder with the unbonded areas contacting the opposing inner surfaces of the first and second barrier sheets when the interior cavity of the bladder is uninflated (Figure 7). Allowable Subject Matter Claims 14-17 & 20-22 are allowed over the prior art of record. Claims 4-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm 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, KHOA HUYNH can be reached at 571-272-4888. 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. /KATHARINE G KANE/Primary Examiner, Art Unit 3732
Read full office action

Prosecution Timeline

Sep 18, 2024
Application Filed
Oct 31, 2025
Non-Final Rejection — §102
Dec 08, 2025
Response Filed
Mar 19, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599185
PROTECTIVE KNEE PAD
2y 5m to grant Granted Apr 14, 2026
Patent 12564247
ARTICLE OF FOOTWEAR WITH REEL CLOSURE AND SLIDABLE EYELET
2y 5m to grant Granted Mar 03, 2026
Patent 12538960
FOOT SUPPORT SYSTEMS INCLUDING FLUID MOVEMENT CONTROLLERS AND ADJUSTABLE FOOT SUPPORT PRESSURE
2y 5m to grant Granted Feb 03, 2026
Patent 12478118
Adapter System For Vest Closure Mechanisms
2y 5m to grant Granted Nov 25, 2025
Patent 12471670
SOLE STRUCTURE HAVING A FLUID-FILLED CHAMBER FOR AN ARTICLE OF FOOTWEAR
2y 5m to grant Granted Nov 18, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

2-3
Expected OA Rounds
47%
Grant Probability
92%
With Interview (+45.4%)
3y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 631 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month